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James F. Killian 
Partner

p 612.672.8306
f612.642.8306
james.killian@maslon.com

3300 Wells Fargo Center
90 South Seventh Street
Minneapolis, MN 55402

As a partner in Maslon’s Construction Law Group, Jim Killian represents owners, design professionals and contractors in all phases of the construction process.  In the last five years, his practice has focused on the development of independent power production facilities on an international basis.  In that role, Jim has drafted and negotiated Engineering, Procurement and Construction (‘EPC’) Agreements for over $4 billion of design and construction services.  He has also served as lead litigation attorney for all construction and performance disputes arising out of these projects.  As lead litigation attorney, Jim recently defended a $60 million contractor claim venued in the Federal District Court for the Southern District of New York arising out of the design and construction of one of these facilities.  He also has extensive experience representing national lender groups and sureties in priority disputes arising out of troubled projects.  While Jim’s current practice has focused on representing owners and construction lenders, he has represented and continues to represent national contractors in complex delay, acceleration and mechanic’s lien claims across the country.  He also acts as national counsel for an international insurance brokerage agency on all unfair competition claims.  In that role, Jim is currently admitted pro hac vice in litigations venued in the state and federal courts of New Jersey, California, Arizona and Oregon.  He is licensed in state and federal courts in Wisconsin and Minnesota as well as the United States Court of Federal Claims.  He currently serves as a Steering Committee member on the American Bar Association Forum on the Construction Industry.

Areas of Practice
  • Litigation
  • Construction Litigation
  • Business Litigation
  • Real Estate Litigation
  • Insurance Coverage Litigation
  • Employment Litigation
  • Tort & Product Liability
  • Competitive Practices/Unfair Competition
Education
  • University of Wisconsin Law School, Madison, Wisconsin, 1988
    J.D.
  • Macalester College, St. Paul, Minnesota, 1984
    B.A.
    Honors: summa cum laude
    Honors:  Phi Beta Kappa
Bar Admissions
  • Minnesota, 1988
  • Wisconsin, 1988
  • U.S. District Court District of Minnesota, 1988
  • U.S. District Court Western District of Wisconsin, 1988
  • U.S. Court of Federal Claims, 1994
Professional Associations and Memberships
  • American Bar Association - Member
  • Forum on the Construction Industry - Steering Committee Member
  • Minnesota State Bar Association - Member
  • Wisconsin State Bar Association - Member
  • Hennepin County Bar Association - Member
  • Ramsey County Bar Association - Member
Publications
  • Teaming Agreements, Specialized Agreements for the Construction Project: Forms and Substance, American Bar Association, 2006
  • Contractor Team Arrangements: The Negotiation, Drafting and Enforcement of Pre-Bid Agreements to Collectively Seek and Perform Complex Design and Construction Projects, American Bar Association, 2004
  • Minnesota Twisted Law of Indemnification Takes Another Turn: Conditional Indemnification Claims and Minnesota Common Law, Findlaw’s Corporate Counsel Center, 2003
  • Enforceability of Arbitration Agreements in Multiparty Litigation when the Relevant Arbitration Agreement Governs the Rights and Responsibilities of Fewer than all Litigants, Minnesota Institute of Legal Education, 2001
  • The Continued Viability of Race- and Gender-Based Preference Programs in Light of Croson and Adarand, Lorman Education Services, 2000
  • The Reinsurer’s Liability for Extra-Contractual Bad Faith and Punitive Damages Claims, Minnesota Institute of Legal Education, 1998
  • The Continued Viability of Race-Based Preference Programs in Quasi-Governmental and Private Construction, 1995
  • Set-Aside Laws in the Wake of City of Richmond v. J.A. Croson: Where Have All the MBE’s Gone?
Honors and Awards
  • Leading Individual Minnesota Attorney in Construction, Chambers USA, 2011
  • Up and Coming Minnesota Attorney in Construction, Chambers USA, 2009 - 2010
  • Recognized on Minnesota Super Lawyers® list, 2003 - 2005 (Minnesota Super Lawyers® is a designation given to only 5 percent of Minnesota attorneys each year. )
  • AV Rating, Martindale-Hubbell (AV, BV, and CV are registered certification marks of Reed Elsevier Properties, Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies)
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Ranked In Chambers USA 2011 | Leading Individual

Maslon Edelman Borman & Brand, LLP  | 3300 Wells Fargo Center | 90 South Seventh Street | Minneapolis, MN 55402-4140 | p 612.672.8200