ACCL Membership Directory

Marvin T. Fabyanske

  • Fabyanske, Westra, Hart & Thomson, P. A.
  • 333 South Seventh Street
    Suite 2600
  • Minneapolis, Minnesota 55402
  • Email:
  • Phone: (612) 359-7623
  • Cell: (612) 247-5822
  • Company Phone: (612) 359-7600
  • Fax: (612) 359-7602


  • Undergraduate: B.S., M.E. University of Minnesota 1968
  • Graduate: J.D., with high distinction 1968
  • Law School: cum laude William Mitchell College of Law 1972

Professional Activities

  • Member, American Arbitration Association
  • Member, ABA (Former Chair, ADR Committee on TIPS, 1990-91)
  • Member, ABA Forum on the Construction Industry
  • Member, Minnesota Bar Association
  • Member and past president, Association of Construction Professionals
  • Member, Associated General Contractors of Minnesota
  • Member, Construction Financial Management Association
  • Member, Defense Research Institute
  • Member, International Association of Defense Counsel
  • Member, Minnesota Utility Contractors Association
  • Member, Surety Claims Institute
  • Member, Minnesota and Ramsey County Bar Associations
  • Member, American Bar Association, Forum on the Construction Industry
  • Member and past chair, American Bar Association, Arbitration Committee of Tort & Insurance Practice Section
  • Founding Fellow, American College of Construction Lawyers
  • Member, International Association of Defense Counsel
  • Member, Regional Advisory Committee of American Arbitration Association
  • Qualified ADR neutral in Minnesota Courts
  • Member, AAA Panel of Arbitrators
  • Member, AAA Panel of Mediators

ABA Forum Committee on the Construction Industry, ABA Section of Tort Insurance Practice, American Arbitration Association’s Large Complex Case Panel, Associated Builders & Contractors, Associated General Contractors, Construction Specifications Institute

Representative Articles, Publications, Speeches and Seminars

  • “Skeletons in the Sky: What Steps May a SuretyTake Where the Owner is Running Out of Funds,” Forum (Spring, 1979)
  • “Managing the Construction Contract Claim  Successful Pretrial Techniques,” ABA Section of Litigation, Construction Law Committee, Annual Meeting, Dallas, Texas (1979)
  • “How to Draft an Arbitration Agreement,” Forum (1981)
  • “Arbitration: Is it an Acceptable Method of Resolving Construction Contract Disputes?,”Forum (Fall 1980)
  • “Bonds, Liens and Insurance,” Federal Publications, Inc. (1985-2006)
  • “Construction Law,” National Railroad Construction and Maintenance Association (Winter 1986)
  • “Architect-Engineer Liability Under Minnesota Law,” The Cambridge Institute (Summer 1988)
  • “Surety Bonds: Options After a Default,” Minnesota Institute of Legal Education,” (Spring 1990)
  • “Minnesota Construction Law: What Do You Do When…?”, National Business Institute (1999, 2001, 2006)
  • Section of TIPS, AGC of Minnesota, Minnesota Institute of Legal Education, Minnesota CLE, Minnesota Society of Professional Engineers and other organizations.
  • “Design Build in MN: How and Why it Works,” presented for the Minnesota State Bar Association (1999)
  • “Mechanic’s Lien Law & Strategies,” presented for the National Business Institute (1999)
  • “Managing Payment: Bonds, Liens and Other Collection Strategies,” presented for the Nebraska Chapter NECA (Fall, 2009)
  • “Managing Payment: Bonds, Liens and Other Collection Strategies,” presented for the California Chapter NECA (Fall, 2009)
  • “Construction Insurance and Disputes,” presented for the National Business Institute (2010)

Speeches, Panel Discussions, and Seminars:

Has conducted seminars across the country on behalf of Federal Publications, Inc. on the subjects of bonds, liensand insurance and has conducted a number of private seminarsto contractors, sureties and government agencies.

Has also delivered lectures to the Deep Foundation Institute, National Railroad Contractors Association, National Utility Contractors Association,American Society of Civil Engineers, American ArbitrationAssociation, ABA Section of Litigation, ABA, National Business Institute.

Court Admissions

  • State of Minnesota (1972)
  • State of Wisconsin (1982)
  • State of North Dakota (2006)
  • U.S. District Court (Minn.) (1972)
  • U.S. District Court (North Dakota) (2000)
  • U.S. Court of Appeals (8th Cir.) (1974)
  • U.S. Court of Appeals for the Federal Circuit (1988)
  • U.S. Claims Court (1987)

Community Activities

  • Former Member, Board of Directors of Greater Twin Cities Youth Symphonies
  • Member, Board of Directors, Century College Foundation
  • Lecturer/Instructor, Minnesota Continuing Legal Education Hamline University College of Law, William Mitchell College of Law, University of Minnesota; Dunwoody Institute, Federal Publications

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