Dean B. Thomson

Fabyanske Westra Hart & Thomson, P.A. from 1984 to Present.

• • Fellow, American College of Construction Lawyers (2000-2011)
  • American College of Construction Lawyers Board of Governors (2008-2010)
  • Member, Minnesota Bar Association:

Construction Law Section (Past Chairperson 1993, Member of Governing Council 1991-1996, Chairperson of Legislative Subcommittee 1995-2011), Member of MSBA Assembly (2005-2006)

• • Member, American Bar Association

Forum on the Construction Industry (Steering Committee Member, Dispute Resolution and Avoidance Division)

• • Member, American Arbitration Association:

National Construction Dispute Resolution Committee member, Regional Advisory Panel for Construction Arbitration, Instructor for AAA Arbitrator Training, member of National Panel of Mediators, and member of Construction Arbitration Master Panel

• • Member, Minnesota Associated General Contractors:

Board of Directors (1999-2001, 2008-2010), Legislative and Contract Forms Committees

• Member, National AGC Project Delivery and Contract Forms Committee
• Member, Construction Specification Institute, CDT
• “AV” (highest) rating by Martindale-Hubbell Legal Directory
• Band 1 (highest) rating in Construction by Chambers USA
• Selected for inclusion in “Best Lawyers in America” for legal Construction and Litigation-Real Estate (2010-present)
• Selected by Minnesota Journal of Law and Politics as: One of the Top 10 “Super Lawyers” in Minnesota (2006, 2015-present); One of the Top 100 “Super Lawyers” in Minnesota (2003-present); One of the Top 50 Appellate Lawyers in Minnesota (2000); One of the Top 25 ADR Lawyers in Minnesota (2001); and a “Super Lawyer” in Minnesota Construction Law (1997-2011)
• Qualified ADR Neutral in Minnesota Courts per Rule 114, Arbitrator in 25+ cases, Mediator in 50+ cases
• Construction Specifications Institute, CDT
• Everblue LEED AB Training

Practice Areas:

• Construction Law
• Commercial Law
• Corporate LawInsurance Law
• Litigation

Professional Affiliations

ABA Forum Committee on the Construction Industry,ABA Section of Public Contract Law,ABA Section of Tort Insurance Practice,American Arbitration Association Mediation Panel,American Arbitration Association National Construction Dispute Resolution Committee on Procedures and Resources,American Arbitration Association Panel of Arbitrators,American Arbitration Association’s Construction Arbitrator Master Panel,American Arbitration Association’s Large Complex Case Panel,Associated Builders & Contractors,Associated General Contractors

• Co-Author, Significant Changes to the AIA Document A201-2017, 11 Journal of ACCL 19 (2017)
• Author, Can Vague Regulations be “Narrowly Tailored”?  An Analysis of the U.S. Department of Transportation’s DBE Regulations, 6 JACCL 1 (2012, Winter)
• Co-Author, Incomplete Repairs: New Remedies for Disputes in Residential Construction, 68 Bench & Bar of Minnesota 18 (Issue 9, October 2011)
• Co-Author, A Modest Proposal: Conflicting Judicial Decisions Mandate Coverage, 3 JACCL 1 (2009, Winter) (Winner of National Burton Award for Legal Writing)
• Co-Author, THE 2007 A201 DESKBOOK (ABA 2008)
• Author, A Critique of Best Value Contracting in Minnesota, 34 William Mitchell Law Review 25 (2007)
• Co-Author, State-by-State Guide to Construction Contracts and Claims: Minnesota
• Author, A Disconnect of Supply and Demand: A Survey of Construction Mediation Practices, 21 THE CONSTRUCTION LAWYER No. 4, 17 (2001)
• Co-Author, MINNESOTA LAW FOR DESIGN PROFESSIONALS (Lorman Education Services 2000-2001).
• Co-Author, FIFTY STATE BOND AND LIEN LAW, Minnesota (2nd Ed. Aspen 1999)
• Co-Author, Best Value in State Construction Contracting, 19 THE CONSTRUCTION LAWYER, No. 2, 31 (1999)
• Co-Author, The 1997 AIA Document A201, A Guideline to New Provisions, 97-12 CONSTRUCTION BRIEFINGS (Fed. Pub. 1997)
• Co-Author, Dysfunctional ADR: Tips to Avoid the Pain, 16 THE CONSTRUCTION LAWYER, No. 4, 26 (1996)
• Author, The Forum’s Survey of the Current and Proposed AIA A201 Dispute Resolution Provisions 16, THE CONSTRUCTION LAWYER, No. 3, 3 (1996).
• Author, Arbitration Theory and Practice: A Survey of AAA Construction Arbitrators, 23 HOFSTRA LAW REVIEW 137 (1994).
• Co-Author, Documenting and Presenting Construction Claims, 2 Stein, CONSTRUCTION LAW, 8-1 (Matthew Bender 1994).
• Co-Author, CONSTRUCTION CLAIMS IN MINNESOTA (Lorman Educational Services 1989-1999, 2001).
• Co-Author, CONSTRUCTION BONDS, LIENS AND INSURANCE UNDER MINNESOTA LAW (The Oxford Group 1990).

Selected Publications and Speeches:

• Quantum, the Forgotten Element, ABA Forum on the Construction Industry Fall Convention (2011)
• Don’t Be Colorblind to Green Risks, MSBA Construction Law Symposium (2009)
• Legal Issues Regarding BIM, MnAGC Annual Convention (2007)
• Effective Construction Dispute Avoidance and Resolution in Minnesota, National Business Institute (2004)
• A Lawyer’s Viewpoint on Masonry Design and Construction Problems, University of Minnesota IT Continuing Education (2004, 2009)
• Comparing the Legal Implications of Various Project Delivery Systems, MnAGC Annual Convention (2004)
• Arbitration and the Law – Recent Cases, AAA National Forum on Conflict Resolution (2003)
• 12 Steps to a Successful Design-Build Project, MSBA Real Estate Institute (2003)
• The Risks of “Best Value” Design-Build Procurement in the Public Sector, ABA Forum on the Construction Industry Fall Convention (2003)
• Representing the Plaintiff or Defendant in a Mold Claim, MSBA Real Estate Institute (2002)
• Statutory Authority for Design-Build, Lorman Education Services (2002, 2003, 2006)
• Co-Author/Lecturer, A Legal and Practical Guide to Contractor Default Insurance and Directed Suretyship, published in THE LAW OF SURETYSHIP(2d ed. ABA 2000), presented for The Surety Association of America and the Fidelity & Surety Law Committee of the Tort and Insurance Practice Section of the American Bar Association (2000)
• Author/Lecturer, Big Projects, Big Bucks, Big Risks: Examining Heavy Construction, presented to the ABA Forum on the Construction Industry Annual Convention (1999)
• Author/Lecturer, Representing Owners and Developers in Negotiating Design and Construction Contract Documents, presented for the The MSBA 16th Annual Real Estate Institute (1998)
• Author/Lecturer, Arbitration: Preparing for the 21st Century, presented for Section of Dispute Resolution, American Bar Association and New York City Bar Association (1998)
• Author/Lecturer, 1998 Construction Institute: The New AIA Document B141, presented for the Minnesota Institute of Legal Education (1998)
• Author/Lecturer, The 1997 Edition of AIA Document A201, presented to the MnAGC Annual Convention (1998)
• Author/Lecturer, 1997 Construction Institute: New Developments in Subcontracting, presented for Minnesota Institute of Legal Education (1997).
• Author/Lecturer, The New Minnesota AGC Standard Subcontract, presented to MnAGC and National AGC Midyear Meetings (1996).
• Co-Author/Lecturer, Dysfunctional ADR: Tips to Avoid the Pain, presented to ABA Forum on the Construction Industry Annual Convention (1996).
• Author/Lecturer, Minnesota Construction Law: What Do You Do When …?, presented for National Business Institute (1996).
• Author/Lecturer, The Subcontractors’ Bill of Rights: An Analysis of the ASA’s Proposed Legislation, presented to MnAGC Annual Convention (1996).
• Author/Lecturer, Minnesota’s New Payment and Performance Bond Statute, presented for Minnesota Institute of Legal Education (1995).
• Author/Lecturer, Project Labor Agreements, presented for Minnesota Institute of Legal Education (1995).
• Author/Lecturer, 1995 Construction Institute: Arbitration, presented for Minnesota Institute of Legal Education (1995).
• Author/Lecturer, Weather and Other Uncontrollable Delays, presented to MnAGC Annual Convention (1994).
• Author/Lecturer, Recent Developments in Mechanic’s Liens, Payment Bonds, and Equitable Liens, presented to MSBA Construction Law Symposium (1993).
• Author/Lecturer, Extraordinary Collection Procedures and Bankruptcy Practice in Minnesota, presented for National Business Institute, Inc. (1992).
• Co-Author, Keeping Payment Despite A Preference Claim, ASSOCIATION CONTRACTOR MAGAZINE (1991).
• Author/Lecturer, Consolidation in Arbitration, presented for Minnesota Institute of Legal Education (1990).
• Author/Lecturer, Rights and Remedies of Contractors, Subcontractors, and Suppliers on Financially-Distressed Projects, presented for Minnesota Continuing Legal Education (1989).
• Author/Lecturer, Delays, Disruption and Acceleration, presented at Legal Aspects of Highway Contracting Seminar, Minnesota Department of Transportation (1984-1989).
• Author, How to Deal With an Insolvent Contractor, 2 THE CONTRACTOR MAGAZINE, (1989).
• Author/Lecturer, Construction Scheduling: Choosing and Using Scheduling Techniques, presented for MnAGC Quarterly Meeting (1985).

State of Minnesota (1982)

State of Wisconsin (2008)

State of North Dakota (2011)

United States District Court, Minnesota (1984)

United States District Court, Eastern and Western District Court (1995)

United States Court of Federal Claims (2003)

United States District Court, North Dakota (2011)

Court of Appeals, Federal Circuit (1993)

Court of Appeals, Eighth Circuit (1999)