Pat has advised and represented numerous clients in contract negotiations involving power plants, waste water treatment facilities, waste incineration facilities, and other heavy industrial and large commercial projects. He has also represented sureties in connection with performance and payment bond claims, including takeover agreements and financing arrangements as well as subrogation and indemnification matters. Selected reported transactions include:
- 1325 North Van Buren, LLC v. T-3 Group, Ltd., 701 N.W.2d 13 (Wis. Ct. App. 2005) (successfully argued for insurance coverage under construction manager’s professional liability policy)
- Auto-Owners v. NewMech Companies, Inc., 678 N.W.2d 477 (Minn. Ct. App. 2004), (successfully obtained coverage under a CGL policy for mold and water damage to a condominium project)
- Ray & Sons Masonry Contractors, Inc. v. U.S.F.& G. Co., 114 S.W.3d 189 (Ark. 2003) (upholding $1.5 million jury verdict in favor of client)
- U.S.F.& G. Co. v. Continental Cas. Co., 353 Ark. 834, 120 S.W.3d 556 (Ark. 2003) (agreeing with client’s position that commercial general liability policy applied to indemnity judgment due to the “insured contact” exception to the contractual liability exclusion)
- Crane Const. Co. v. Klaus Masonry, 71 F. Supp. 2d 1125 (D. Kan. 1999) (opinion addressed proof requirements of indemnity action; this matter ultimately resulted in a jury verdict of several hundred thousand dollars against a roofing subcontractor in favor of surety client)
- U.S.F.& G. Co. v. A&A Masonry, Inc., 991 S.W.2d 111 (Ark. 1999) (this decision reversed a trial court’s ruling dismissing surety’s indemnity action for losses incurred due to defective construction: successfully arguing for the reinstatement of client’s indemnity claim)
- O’Shaughnessy v. Smuckler Corporation, 543 N.W.2d 99 (Minn. Ct. App. 1996) (successfully argued that contractor/insured had coverage under 1986 CGL policy for subcontractors’ defective work)
- MNVA Railroad, Inc. v. John Alden Life Ins. Co., 507 N.W.2d 15 (Minn. Ct. App. 1993) (represented group health insurer in ERISA preemption matter)
- Maxa v. John Alden Life Ins. Co., 972 F.2d 980 (8th Cir. 1992) (successfully represented group health insurer in dispute over coverage based upon policy language)
- Emison v. J. Paul Stearns Co., 488 N.W.2d 336 (Minn. Ct. App. 1992) (homeowner client successfully prevailed on mechanic’s lien issue; this matter was eventually arbitrated and client successfully resisted contractor’s claim of more than $500,000.00 when arbitrators issued an award of $12,000.00 in favor of contractor)
- Lumberman’s Underwriting Alliance v. Tifco, Inc., 465 N.W.2d 580 (Minn. Ct. App. 1991) (premium-financing company litigation)
- Carl Bolander & Sons Co. v. City of Minneapolis, 451 N.W.2d 204 (Minn. 1990) (after trial, successfully argued on behalf of contractor that low bidder’s bid was non-responsive due to bid’s failure to comply with the invitation requirements concerning women and minority-owened business enterprise participation)
- Subsurfco, Inc. v. Osceola Rural Water System, Inc., 914 F.2d 1072 (8th Cir. 1990) (final appellate decision in matter where firm’s surety client and contractor successfully resisted owner’s breach of contract claim of $6 million based upon allegations of poor workmanship and obtained an arbitration award against owner for retainage in excess of $300,000)
- Goette v. Press Bar and Cafe, Inc. 413 N.W.2d 854 (Minn. 1987) (final appeal rejecting owner’s claims of defective design against architect; discovery established that contractor had failed to follow architect’s design and therefore firm’s client, the architect, was absolved of responsibility for personal injuries and economic loss resulting from structural failure)
- Sheehan v. Morris Irrigation, 410 N.W.2d 569 (S.D. 1987)(appeal of summary judgment granted in favor of firm’s surety client; case ultimately settled under circumstances where surety made no payment and recovered significant portion of litigation costs even though the contractor/principal was insolvent)
- Farmer’s Union Central Exchange v. Reliance Insurance Co., 626 F. Supp. 583 (D.N.D. 1985) and 675 F. Supp. 1534 (D.N.D. 1987) (obtained defense verdict on two suppliers’ payment bond claims and claims for bad faith against surety client)