Professionals

• Experience
• Activities & Memberships
• Articles & Presentations
• Recognition

Owner/Contractor Agreements:

• Represented a Fortune 250 Minnesota based company in selecting a project delivery system and selecting a builder, and negotiating the design and construction documents for its World Headquarters Campus.
• Represented the largest private owner of real estate in Minnesota in drafting families of construction agreements for use in developing and selling completed turn-key commercial buildings.
• Represented a publicly held gaming corporation in drafting and negotiating the contracts for the design and construction of a series of hotel/casino complexes in the Southeastern United States.
• Represented a publicly held gaming corporation in the negotiation of the construction contracts for new casino projects and a hotel tower and casino on the Las Vegas Strip.
• Represented a governmental banking institution in the drafting and negotiation of the CM agreement for the construction of a major building in downtown Minneapolis.
• Represented a national theme-based restaurant chain in the drafting and negotiation of the design and construction contracts used for the construction of over 250 million dollars of restaurant projects across the United States.
• Represented an international highway/heavy general contractor in the negotiation of government contracts on an international basis.
• Represented a non-profit art institution in negotiating both architectural and construction contracts for the addition and renovation of its Minneapolis facilities and public galleries.
• Represented that same institution in the drafting and negotiation of contracts for the design and construction of its Asian galleries.
• Represented a television station in the drafting of the construction documents necessary to construct a new studio and broadcast facility.
• Drafted and negotiated a series of design and construction agreements for PG&E's renovation and seismic retrofit of its San Francisco corporate headquarters.
• Represented a non-profit corporation in the drafting and negotiation of the construction agreements for the $14 million expansion of a parking facility in downtown San Francisco.
• Represented a series of commercial owners in the negotiation and drafting of the design/build agreements for the seismic retrofitted repair of office buildings damaged in the Loma Prieta earthquake.
• Represented a public owner in the drafting and negotiation of the construction agreements for the construction of major new public library in Oakland, California.

Subcontract/Purchase Agreements:

• Drafted the standard form subcontract for a road constructor based in Minneapolis.
• Drafted a form subcontract for plastering and drywall companies in Minneapolis.
• Set up direct purchase agreements for non-profit corporations so as to avoid sales tax liability on material and supplies.
• Represented a large highway/heavy contractor in developing standard form subcontracts and purchase agreements.

Joint Venture Agreements:

• Negotiated and drafted joint venture agreements for two of the largest highway/heavy contractors in the nation. For one of those companies, Maslon established an overseas corporation to use as a vehicle in organizing indigenous business entities in the form of joint ventures and limited liability companies.

Review of Project Finance:

• Represented the owner in preparation and negotiation of construction loan and disbursement documentation for renovation and refurbishment of a major building in Minneapolis.
• Represented a large public development company in obtaining and documenting multiple secured public debt transactions for financing the construction of various gaming resort projects on the Mississippi Gulf Coast, including all related disbursement agreements for escrowing and disbursing the financing proceeds, together with agreements with all construction agents engaged to monitor and audit the disbursement transactions and the progress of construction.
• Represented large regional financial institutions in negotiating and documenting construction financing for various office buildings, warehouse, hotel, restaurant and similar construction projects.
• Represented a large publicly held development company in obtaining and documenting multiple secured public debt transactions for financing the construction of a casino gaming resort and tower project on the Las Vegas Strip, including all related disbursement agreements for escrowing and disbursing the financing proceeds, together with agreements with all construction agents engaged to monitor and audit the disbursement transactions and the progress of construction.
• Negotiation of a development agreement with the City of Minneapolis and successfully litigating historic preservation issues that arose in connection with the development and construction of a major project located in the warehouse district of Minneapolis.
• Advising large contractors on a variety of matters, including contract negotiations with developers and lenders. We also represent lenders and developers in negotiations with contractors.
• Counsel a national construction broker regarding legality of quasi-surety insurance products and public contracting requirements.

Litigation:

• Representation of a national heavy/industrial general contractor through its winding-down operations. Construction team members worked extensively with the contractor, its claims advisors, local counsel and its surety, in connection with defending and asserting millions of dollars of claims nationally. The team also worked extensively in connection with discharging the contractor's indemnity obligation to its surety.
• Representation of a national general contractor and its payment bond surety in connection with a "differing site condition" Miller Act claim asserted by an earthwork subcontractor arising out of the construction of a brig for the United States Navy at the Top Gun campus at Miramar, California. A senior construction team partner was retained by the general contractor to defend it and the surety. After staying the Miller Act claim until he'd successfully concluded the general contractor's ASBCA claim, he tried the Miller Act claim to a defense verdict in the United States District Court for the Southern District of California.
• Representation of the developer of the largest multi-use construction project in downtown St. Paul, and its construction lender in connection with the Galtier Plaza litigation. The $96MM project was still substantially incomplete 2 years after the promised completion date, and delivered at a cost of approximately $140MM. The bank, by virtue of taking a deed in lieu of foreclosing on the construction loan, retained a senior construction partner to represent it in connection with defending $7MM in lien claims; defending a $5MM delay claim by the CM; pursuing its own delay claim against the CM; pursuing a professional liability claim against the principal architect; and pursuing separate defective construction claims against several of the prime contractors.
• Representation of the curtain wall contractor who manufactured and installed the aluminum frame and glass curtain wall system for the Lutheran Brotherhood office town in downtown Minneapolis in connection with the owner's demand for a complete reskinning of the exterior envelope of the building.
• Representation of a national general contractor in connection with three separate hotel projects in Minnesota and South Carolina. The contractor retained a senior construction litigator to prosecute delay and acceleration claims against the owner, and to defend dozens of subcontractor claims asserted by unpaid subs. The firm successfully dismissed the subcontractor claims based upon the "pay when paid" clauses contained in the construction contracts. The construction litigator also recovered a multi-million dollar award for the general in connection with its delay claims.
• Representation of the general contractor of a 17 story multi-wing health care and residential facility in Minneapolis, in connection with the owner's demand to reskin the building as a result of the failure of the exterior wall system, a panelized synthetic plaster system. A senior construction litigator successfully enforced the general contractor's indemnity rights against the curtain wall contractor and its contribution rights against the manufacturer of the synthetic plaster wall system.
• National representation of a major general contractor (in the top 35 on the ENR list) in connection with all construction defect claims across the United States. Members of the construction team have represented this contractor across the country for more than 20 years.
• Representation of the Associated General Contractors of Minnesota in connection with several major supreme court cases and presentations. One of Maslon's construction team members has represented the AGC and its membership for the last ten years.
• Representation of a major milling company in connection with asserting delay claims against its general contractor arising out of the construction of two new flour mill facilities located in Fresno, California and Winchester, Virginia. Members of the construction law team also represent the miller in connection with the defense of subcontractor lien claims on both coasts.
• Representation of a major government contractor in connection with processing subcontractor payment claims through the Armed Services Board of Contract Appeals.
• Representation of a general contractor's property insurer in connection with a subrogation action against the false work designer for the cost of equipment lost as a result of the collapse of the Lake Street Bridge, which spans the Mississippi River between Minneapolis and St. Paul.
• Representation of general contractors in Minnesota, Florida and Colorado in connection with "sick building syndrome" claims. The Maslon construction team members have developed a particular expertise in this area.
• Representation of a second-tier subcontractor regarding its potential liability to the United States Army in connection with the bid bond, where the subcontractor refused to produce drawings and other protected information required by the terms of the government's contract documents. Members of the construction law team routinely counsel clients in connection with the applicability of the FARS as they impact contract performance.