ACCL Membership Directory

Timothy M. O'Brien

  • Faegre Drinker Biddle & Reath LLP (Ret.)
  • 2200 Wells Fargo Center
    90 South 7th Street
  • Minneapolis, Minnesota 55402-3901

Education

  • Undergraduate: BA University of Minnesota, 1966
  • Law School: J.D., University of Minnesota, 1969

Career History

Tim O’Brien was a partner and litigator in the Minneapolis office of Faegre Baker Daniels LLP.  He represented persons and firms engaged in the construction industry, including contractors, construction managers, subcontractors, suppliers, sureties, design professionals and public and private owners, with particular emphasis on the negotiation, arbitration and litigation of construction, surety and insurance law matters. Since 1970 he  practiced exclusively in construction law, focusing on the resolution of complex construction disputes including specifically numerous multimillion dollar delay and disruption claims, design deficiency and construction defect lawsuits, arbitrations and mediations.

Tim regularly represented leading construction companies in the Upper Midwest, including the region’s largest contractor, doing business across the United States and Canada.  Over the years, he has written and spoken on many construction, insurance and alternative dispute resolution issues.

Tim now serves as an arbitrator.

Professional Activities

  • American Arbitration Association, National Panel of Construction Arbitrators
  • American College of Construction Lawyers, Fellow, Member of Board of Directors
  • Associated General Contractors, member various national committees
  • Minnesota State Bar Association, Board of Governors

ABA Committee on Dispute Resolution, ABA Forum Committee on the Construction Industry, ABA Section of Public Contract Law, American Arbitration Association Panel of Arbitrators, Associated General Contractors

Representative Articles, Publications, Speeches and Seminars

Presentations

  • Another Perfect Storm: Successfully Navigating Your Way Through the Electronically-Managed Project
    ABA Forum on the Construction Industry, Newport, RI (2007)
  • Handling Design/Build Claims
    Twenty-Fourth Annual National Seminar on Government Contracts, St. Paul, MN (1995)
  • Dispute Review Boards
    American Institute of Constructors, St. Petersburg, Fl. (1994)
  • Origins and Purposes of Surety Bonds on Public Projects
    Section of Public Contract Law, Boston, Mass. (1994)
  • Delays, Disruptions and Liquidated Damages
    University of St. Thomas Graduate School of Business, Minneapolis, Minn. (1993)
  • Alternative Dispute Resolution: Strategies and Methods
    Minnesota Institute of Legal Education, Minneapolis, MN (1992)
  • Insuring and Bonding Design/Build Projects
    Forum on the Construction Industry, Washington, DC (1990)
  • The Fifth Annual Construction Institute, co-Chair
    Minnesota Institute of Legal Education, Minneapolis, MN (1990)
  • Construction Law Update 1988 and Beyond
    Associated General Contractors of Minnesota, Minneapolis, MN (1988)
  • Risk Allocation for Materials, Equipment and Subcontractors Specified by Contract: A Contractor’s Perspective
    Forum on the Construction Industry, Tampa, FL (1988)
  • Review of Current Design/Build Documents
    Forum on the Construction Industry, San Francisco, CA (1987)
  • Scheduling and Time Claims
    Associated General Contractors of Minnesota, St. Paul, MN (1986)
  • Third-Party Claims Against the Design Professional, the Owner, the Construction Manager and the Prime Contractor
    Minnesota Institute of Legal Education, Minneapolis, MN (1986)
  • 1984 Construction Review: Legal Decisions Affecting Electrical and Electronic Engineering Professionals
    Institute of Electrical and Electronic Engineers, Minneapolis, MN (1985)
  • Mechanic’s Lien Overview Update
    Associated General Contractors of Minnesota, Minneapolis, MN (1984)
  • Responsibilities of the Construction Manager
    Advanced Legal Education, Minneapolis, MN (1983)
  • Conducting the Arbitration Hearing
    American Arbitration Association (1981)
  • Construction Delays; Recognition and Recovery
    Associated General Contractors of Minnesota, Minneapolis, MN (1981)
  • Responsive Bids and Responsible Bidders
    Associated General Contractors of Minnesota, Minneapolis, MN (1980)

Publications

  • The Construction Lawyer
    American Bar Association (2008)
  • Surety Bonds Public Projects
    American Bar Association (1994)
  • Colorado Construction Law
    Federal Publications (1994)
  • Midwest Construction Law
    Federal Publications (1993)
  • Midwest Construction Law
    Federal Publications (1992)
  • Midwest Construction Law
    Federal Publications (1991)
  • Midwest Construction Law
    Federal Publications (1990)
  • Midwest Construction Law
    Federal Publications (1989)

Court Admissions

  • U.S. District Court (Minnesota)
  • State of Minnesota

Community Activities

  • Hennepin County Ethics Committee, vice-chair (2006-2011)
  • Hennepin County Law Library, Trustee (1982-present)
  • Minnesota Client Security Board (2006-2013)
  • Minnesota Commission on Judicial Selection (2011-present)
  • Minnesota Indian Women Resource Center (MIWRC), volunteer attorney
  • Minnesota Lawyers Board of Professional Responsibility (1997–2003)


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