ACCL Membership Directory
James Duffy O'Connor
Education
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Undergraduate:
B.A. Creighton University 1976
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Graduate:
J.D. Creighton University School of Law 1979
Honors and Activities
- The Burton Awards for Legal Achievement, Distinguished Writing Award, 2012
- Notable Practitioner in Minnesota for Construction, Chambers USA, 2008-2016
- American College of Construction Lawyers: Fellow 2005-Present
- American Bar Foundation: Fellow 2005-2015; Life Fellow 2015-Present
- Who’s Who Legal: The International Who’s Who of Construction Lawyers
- Who’s Who Legal: The International Who’s Who of Business Lawyers: Construction
- Who’s Who International Registry
- Who’s Who National Registry
- Who’s Who in Minnesota ADR, Minnesota Law & Politics
- Recognized on Minnesota Super Lawyers list, 2001-2016 (Minnesota Super Lawyers is a designation given to only 5 percent of Minnesota attorneys each year, based on a selection process that includes the recommendations of peers in the legal profession.)
- AV Preeminent, Martindale-Hubbell (AV Preeminent and BV Distinguished are certification marks of Reed Elsevier Properties, Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.)
Professional Activities
- American College of Construction Lawyers, Fellow, 2005-Present
- American Bar Foundation, Fellow, 2005-Present
- American Bar Association, Forum on the Construction Industry, Steering Committee Member; Chair of Division 2 (Contract Documents); Governing Committee Member; Chair-Elect; Chair, 1993-2005
- Minnesota State Bar Association, Member
- Hennepin County Bar Association, Construction Law Section, Member
- Associated General Contractors of America: Member, Contract Document Forum; Member, Contract Documents and Risk Management Committees; Presenter, AGC’s 2017 Risk Management / Surety Symposium (Contractor Additional Insured Protections); Task Force Member on AIA 2017 A201 General Conditions and Owner-Contractor Agreements
- AGC Taskforce on the AIA A201 General Conditions Document 2007 Edition: Negotiator, assigned insurance and indemnity provisions
- Associated General Contractors of Minnesota, Affiliate Member
- American Arbitration Association, Panel Member; Mega Construction Project Claims Panel Member
Representative Articles, Publications, Speeches and Seminars
- Uncertainty, Doubt, and Rules of Unlearning in the Mediation of Construction Disputes, 40 The Construction Lawyer 2, Spring 2020
- A Critical View of the AIA’s New Insurance Exhibit, 12 J.A.C.C.L. 2 (Thomson Reuters 2018)
- Additional Insured Coverage: The Why, the What & the Wherefore, 11 J.A.C.C.L. 1 (Thomson Reuters 2017)
- Chapter 19 Duties of Appointed Defense Counsel: Ethical Challenges, Building Better Construction Contracts 2016, (PLI 2016)
- Chapter 20 Ethics and the Tripartite Relationship, Building Better Construction Contracts 2016 (PLI 2016)
- For Things That Go Boom in the Night: A Primer on Crisis Management for the Construction Industry, 10 J.A.C.C.L. 1 (Thomson Reuters 2016)
- Suppose Repose Were Indisposed: A True Story Prediction of Collapse and Disaster for the Construction Industry, 34 The Construction Lawyer 5 (Fall 2014)
- It’s a Matter of Time: Delay and Change, 8 J.A.C.C.L. 1 (West 2014)
- What Every Court Should Know about Insurance Coverage for Defective Construction, 5 J.A.C.C.L. 1 (West 2011)
- The Demise of the Project Manual; Early Bird Financial Disclosure’s Hazardous Haz-Mat Revisions & Insuring the Uninsurable (AGC 2009)
- The A201 Deskbook: Understanding the Revised General Conditions (ABA 2008)
- Wrestling with Reform: Indemnification Agreements, The Statutory Bars, Promises to Procure, and Insurance Products for the Construction Industry, J.A.C.C.L. 57 (West 2007)
- Delay and Change in the Construction Project, Construction Briefings (West 2005)
- Construction Defects, “”Property Damage”” and the Commercial General Liability Policy, 24 Construction Lawyer 20 (Winter 2004)
- The New AGC Standard Forms of Agreement & General Conditions Between Owner & Contractor, AGC Deskbook on Contract Documents, Chapter 2 (AGC 2003)
- Report to the AGC Risk Management Committee on Mold Litigation Nationally: Including Biased Observations & One-Sided Opinions (AGC 2003)
- Controlled Insurance Programs in the Construction Industry: Putting a Ribbon on Wrap-Ups (O’Connor and Sirany) , 22 Construction Lawyer 30 (ABA Winter 2002)
- Sticks & Bricks: A Practical Guide to Construction Systems and Technology (Whitney, MacPherson & O’Connor) (AAA 2001)
- Recurring Ethical Predicaments in Construction Litigation (MILE 2001)
- What Every Construction Lawyer Should Know About Insurance Coverage for Defective Construction: Henderson is Extinct & Weedo is Moot (MILE 2000)
- Observations About Three of the AIA A-201’s Major Changes (ABA 1998)
- Observations on the Revisions to the AIA Contract Documents: A201, B141 & C141 (University of Minnesota/AIA MN 1998)
- A Few Ethical Considerations in the Administrative Context (NBI 1997)
- Constitutional & Procedural Defenses: What Employers Should Know About OSHA Administrative Warrants and Administrative Charges (NBI 1997)
- Adarand Constructors, Inc. v. Pena & The State of Race-Based Preferences in the Construction Industry–One Year Later (MILE 1996)
- Program Management: The Constructor’s Perspective–On Platypuses and Program Management (ABA 1996)
- Adarand Constructors, Inc. v. Pena & The Future of Affirmative Action in Public Construction (MILE 1995)
- The Ethics of Claim Development and Presentation: Sandstone Is Not Just a Building Material, (MILE 1995)
- Indemnification Agreements, The Statutory Bars, Promises to Procure and Insurance Products for the Construction Industry, (ABA 1995)
- Bad Faith Litigation and the Contract Surety: Tips for Defending Bad Faith Claims (MILE 1994)
- Securing Indemnity Agreements with Insurance Products (MILE 1994)
- Indemnification in the Construction Industry: A 50 State Survey (O’Connor, O’Halloran, Toomey and Craig) (ABA 1994)
- The Sistership Exclusion & Property Damage Coverage in the CGL (MILE 1993)
- Contractors’ Indemnity Obligations & the Statutory Bar (MILE 1993)
- Indemnity, What it is and What it Ain’t (RIMS 1993)
- What to Do Until the Supreme Court Reverses Watson-Forsberg (MN AGC 1992)
- The Construction Management Project Delivery System and the CM’s Liability to Owners and Others, Minnesota Institute of Legal Education, 1989
- General Contractor Tort Liability for Worksite Injuries, (MILE 1986)
- Note, Illegitimacy Classifications Require Reasonably Strict Scrutiny, 11 Creighton Law Review 609 (1978)
Court Admissions
- Minnesota State Courts, 1979
- US District Court, District of Minnesota, 1979
- US Court of Appeals, Eighth Circuit, 1980
- US Court of Federal Claims, 1995
- US Supreme Court, 2001
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