ACCL Membership Directory

James Duffy O'Connor

  • O'C ADR, LLC
  • 222 South 9th St., Ste. 1600
  • Minneapolis, Minnesota 55402


  • Undergraduate: B.A. Creighton University 1976
  • 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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