MSBA Construction Law Section
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2010-11 | 2011-12
2009-10
| 2006-07 | 2004-05 | 2003-04 | 1996-97

MSBA Construction Law Section
Annual Report
2011-12

Section Membership
As of June 22, 2012, the Construction Law Section has 362 members. 

Financial Status
The Construction Law Section had an account balance of $32,313.52 as of May 22, 2012. 

Continuing Legal Education Programs and Social Events
The Section hosted ten CLE programs in fiscal year 2011-12. 

 

Program Title

Date

Event Code

CLE Credits

Number of Attendees

Legislative Updates

09/09/11

159089

1.0 Standard

36

Presenting a Construction Case Before the Minnesota Supreme Court: Hon. Paul Anderson, Presenter

10/14/11

160216

1.0 Standard

68

The Promise and Perils of Energy Efficiency Projects

11/11/11

160219

1.0 Standard

48

Copyrights for Architectural Works

12/09/11

161686

1.0 Standard

35

2011 Case Law Update

01/13/12

162230

1.0 Standard

72

Changes to DBE Cerification Program and Impact on a Contractor's Bottom Line

02/10/12

163849

1.5 Standard

78

Representing the Surety When There is a Payment Bond Claim or a Performance Bond Claim

03/09/12

164576

1.0 Standard

58

Current Labor and Employment Law Issues for the Construction Lawyer

04/13/12

165576

1.0 Standard

52

Drafting and Negotiating Commercial Construction Contracts

05/11/12

166444

1.0 Standard

51

Annual Symposium: Advanced Topics in Construction Arbitration

06/08/12

168497

3.0 Standard

74

Service Projects

Description

Date

 

Food and Fund Drive for Second Harvest Heartland

October 2011

1 box of food and $500 cash donation

Served Dinner at Ronald McDonald House

January 2012

9 volunteers

Habitat for Humanity

03/17/12

7 volunteers and $1000 cash donation

Served Dinner at Ronald McDonald House

April 2012

6 volunteers

 

Legislation
The Construction Law Section submitted four legislative proposals in the 2011-12 term.

  1. Bill to revise Minn. Stat. §514.011 regarding pre-lien notices on commercial projects.
  2. Alternative bill to revise Minn. Stat. §514.011 regarding pre-lien notices on commercial projects.  
  3. Bill to revise Minn. Stat. § 462.358, subd. 2a regarding security and notice of default for residential subdivision work. 
  4. Bill to simplify sales and use tax exemption for construction materials.

 

Annual Meeting and Election Results

The following individuals were elected to serve as officers of the Construction Law Section in 2012-13:

Chair:  Robert Smith, Lifetime Fitness
Vice Chair:  Matthew Collins, Fabyanske, Westra, Hart & Thomson, P.A.
Treasurer:  Eric Ruzicka, Dorsey & Whitney
Secretary:  Jennifer Thompson, Hammargren & Meyer

The following individuals were elected to serve on the Section Council for 2012-13.

Jesse Orman - Fabyanske, Westra, Hart & Thomson, P.A.
Steve Schemenauer - Leonard, Street & Deinard
Jeffrey Wieland - Fabyanske, Westra, Hart & Thomson, P.A.
Rebecca Wiesenberger – Dorsey & Whitney

 

The following individuals will serve as the Section’s MSBA Assembly representative and alternate in 2012-13:

 Representative:  Robert Smith, Lifetime Fitness
Alternate:  Aaron Dean, Fabyanske, Westra, Hart & Thomson, P.A.

Other Section Accomplishments

  1.  In the summer of 2012, the Council formed an Amicus Brief Subcommittee in order to process future requests for the Construction Law Section to file amicus briefs with the Supreme Court.
  2. The Council authorized and made: 1) a $1,000.00 charitable contribution to Habitat for Humanity, and 2) a $500.00 charitable contribution to the Second Harvest Heartland.

 

Submitted By:
Aaron Dean, Section Chair

 

MSBA Construction Law Section
Annual Report
2010-11

Section Membership
As of June 16, 2011, the Construction Law Section has 355 members.  This accounts for a 2% loss in membership since the beginning of the fiscal year (July 1, 2010).

Financial Status
The Construction Law Section had an account balance of $25,569.63 as of April 30, 2011. 

Continuing Legal Education Programs and Social Events
The Section hosted ten CLE programs in fiscal year 2010-11. 

Program Date

Program Title

CLE Event Code and Credit

# of Attendees

9/10/2010

Navigating The AACEi Recommended Practice 29R-03 – Forensic Schedule Analysis Document

148194; 1.0 Standard

24

10/8/2010

Legislative Updates

149269; 1.0 Standard

41

11/12/2010

Cross-Examining Expert Witnesses in Construction Cases

150216; 1.0 Standard

44

12/10/2010

Recent Amendments to the New Home Warranty Statute-New Rights, New Rules, New ADR

151609; 1.0 Standard

47

1/14/2011

2010 Case Law Update

151842; 1.0 Standard

63

2/11/2011

A Worker Was Hurt and Now We Are Getting Sued? Understanding Workers' Compensation Subrogation, Employer Liability and Contractual Indemnity at a Glance

152987; 1.0 Standard

42

3/11/2011

Cost Effectively Resolving Construction Disputes Through Mediation and Arbitration

153554; 1.0 Standard

47

4/8/2011

Lessons Learned From Working in the Courts After Being a Construction Lawyer

154839; 1.0 Standard

56

5/13/2011

Tools of the Trade: Collection of Employee Benefit Contributions in Today's Environment

155271; 1.0 Standard

14

6/10/2011

Annual Symposium: Contracting and Resolving Disputes with the Federal Government

156696; 3.5 Standard

79

Legislation and Amicus Briefs
The Construction Law Section did not submit any legislative proposals in the 2010-11 term.

The Section has filed a petition for leave to file an amicus brief in the matter of Voigt Consultants v. Plymouth Crossroads Station.  In relation to the brief, the Section filed a certificate to take this position with the MSBA.  The MSBA Council will consider this request at their June 24 meeting.

Annual Meeting and Election Results
The Section’s annual meeting and elections were held in conjunction with the Section’s annual symposium on June 10, 2011, at Dorsey & Whitney.  The event was very well attended with 79 participants.

The following individuals were elected to serve as officers of the Construction Law Section in 2011-12:

Chair: Aaron Dean
Vice Chair: Robert L Smith
Treasurer: Matthew Collins
Secretary: Eric Ruzicka

The following individuals were elected to serve on the Section Council (term):

Mark Becker
Jon Edin
Ryan Hatton
Elizabeth Larsen
John Markert
Liz Poeschl
Chris Ryan
Brenda Sauro
Claire Schaff

The following individuals will serve as the Section’s MSBA Assembly representative and alternate in 2011-12:

Representative: Aaron Dean
Alternate: Robert L. Smith

Other Section Accomplishments

1. The Section participated in Habitat for Humanity Volunteer Building Project on March 19, 2011.
2. The Section Council approved a reduced membership rate for attorneys practicing in the public sector.

Submitted By:
Gary Thaden, Section Chair

 

__________________________________________________________________________________________________

MSBA CONSTRUCTION LAW SECTION
2009-10 Annual Report
Submitted by, Mary E. Schwind, Chair of the MSBA Construction Law Section

Membership: The Section had 379 members this year.

Continuing Legal Education:

September, 2009         News from the AAA   Robert Hughes, Vice President of                                           
Construction for the AAA

October, 2009             Legislative Updates - Gary Thaden, Esq. and Dean Thomson, Fabyanske, Westra, Hart & Thomson

November, 2009         Conflicts of Interest and Rules Interpretations: What the Construction Lawyer Needs to Know - Patrick R Burns, Office of Lawyers Professional Responsibility

December, 2009          Looking for Money in All the Wrong Places:  How Does a Contractor Get Paid in an Economy Like This? - Aaron Dean, Fabyanske, Westra, Hart & Thomson

January, 2010              2009 Case Law Updates - Robert Smith, Mary Schwind        

February, 2010            Insurance Policies and Contractual Risk Allocation - Brad Hepp, RJF Agencies

March, 2010                Special Considerations for Mediating in Tough Economic Times - Gregory Bistram, Briggs and Morgan PA; William Hull, Coleman, Hull & Van Vliet; Timothy Cook, Hammargren & Meyer, PA

April, 2010                 Spoliation of Evidence in Construction Defect Cases - Jon Zentner & Paul Darsow, Arthur Chapman Kettering Smetak & Pikala, PA

May, 2010                   Federal and State Disadvantaged Business Enterprise (DBE) Programs in Government Construction Projects: What They Require and How to Comply - Hannah Stein, Fabyanske, Westra, Hart & Thomson, PA

June, 2010                   Construction of Alternative Energy Facilities

Pro Bono/Volunteer Service Activities:

Website and practicelaw.org:

Section Newsletter/Publication:

Council Meetings:


Annual Meeting:
June 11, 2010  Annual Meeting and CLE Symposium on the Construction of Alternative Energy Facilities

Election Results:
The members attending the annual meeting elected for the following officers and council members to serve terms from 2010-11 Officers:  Chair: Gary Thaden; Vice-Chair, Aaron Dean; Treasurer, Robert Smith; Secretary, Matt Collins.  Council Members elected to serve a two year term:  Jon Zentner and Jennifer Thompson .

The Section's MSBA Assembly representative for will be. Mary Schwind

Fiscal Status:
The Section finished the year with $19,019.23 as of June 30, 2010.

Miscellaneous: 


 

MSBA CONSTRUCTION LAW SECTION
2006-07 ANNUAL REPORT

The Construction Section had a busy year with a program of monthly lunches and events (including CLEs), an amicus brief, legislative proposals, social activities, and an ad hoc committee on residential construction defects.

Membership.  The Section had 366 members in 2006-07.  Membership has steadily increased since 1997, when the Section had 217 members. 

Section Council

The following served on the Section Council for 2006-2007:

Officers

            Chair                            Bob Huber
            Vice Chair                    Dyanna Street
            Treasurer                      Mark Bloomquist
            Secretary                      Mary Schwind
            Assembly Rep              Bill Hull
            Assembly Rep Alt.        Deb Mackay

Council (8 positions, 2-year terms, no limits)

            Gary Thaden
            Chad Stepan
            Jason Greves
            John Markert
            Dave Sand
            Aaron Dean
            Eric Ruzicka
            Rob Smith

Student Liaison.  Connie Armstrong

CLE Programs

The Section’s events have been well attended this year with audiences for monthly-lunch CLEs averaging 36.  The Symposium was attended by 38 persons.  Each of the lunch programs was approved for 1.0 hours of CLE credits, and a request for CLE credits for the Symposium is pending.  Meeting notices are circulated by email and are posted on the Section’s webpage at www2.mnbar.org/sections/construction-law/notices.htm


The CLE programs for the year were:

September 8                 False Claims                                        
                                    Dave Lillehaug

October 13                  Legislative Update                               
                                    Dean Thomson and Gary Thaden

November 17               Bruner & O’Connor on Bruner & O’Connor
                                   
Phil Bruner and Pat O’Connor

December 8                 Finding Insurance Coverage for Construction Defects:  
                                    Understanding Wooddale Builders v. Maryland Casualty
                                   
Andrea Weisbord, Ernie Peake, David Oskie, and Bill Davidson

January 12                    Case Law Update       
                                    Rob Smith

February 9                   City of Mpls' Small and Underutilized Business Program:
                                    Setting MBE and WBE goals  and making “best efforts”

                                    Marvin Taylor, City of Mpls

March 9                       The ICE Man Cometh to the Site:  
                                    Immigration Law and Construction

                                    Dan Palmquist

April 25                        Contractual Liability Coverage and Additional Insured Status
                                    Don Malecki

June 8                          Construction Law Symposium: Safety  
                                    Dyanna Street, Chair
                                    Andrea Luby, Mike Palma, Aaron Dean & Julie Leppink         

Legislative Subcommittee.  Dean Thomson continues to lead the Section’s legislative efforts.  The Section reviewed items of proposed legislation affecting the construction industry and proposed revisions in some instances.  Those items included (1) testifying about and suggesting revisions to proposed “best value” legislation for municipalities; and (2) amending the statute of limitations for improvements to real property to extend the time for bringing actions for contributions or indemnity.

ConstructionTalk ListServ.  On September 7, 2006, the Section started a listserv for its members.  As of today, the listserv has 124 subscribers.

Committee on Residential Construction-Defects Cases.  The Section established appointed an ad hoc committee to explore ways to resolve residential construction disputes more efficiently.  Mary Schwind and Dean Thomson were appointed co-chairs.  The Committee, whose first meeting was April 24, has met three times and plans to meet the last Tuesday of each month.  They anticipate presenting recommendations to the Section by June 30, 2008, the end of the 2007-2008 fiscal year.

MSBA Outreach.  As part of the MSBA’s outreach effort to recruit new members and retain existing members, Mark Bloomquist made a one-hour presentation entitled “Construction Law 101” on November 2, 2006, at MSBA’s On the Road CLE Program at the Eagan Community Center in Eagan.  The program is intended to demonstrate the value of MSBA membership to non-members.

Amicus Brief.  The Section and Real Property Section jointly sponsored and funded a brief supporting the petition for further review in Mavco, Inc. v. Eggink, 720 N.W.2d 841 (Minn. Ct. App. 2006).  The Minnesota Supreme Court granted the petition on November 14, 2006, and the two sections sponsored a “friend of the court” (amicus curiae) brief before the Supreme Court. The Court has not yet issued a decision on the appeal.  The Section contributed $2,500 to support the effort.  The Section was represented by a Section member, Joe Springer of Fredriksen & Byron.

Form Contract for Remodeling.  At the request of the Real Property Section, the Construction Law Section recommended revisions to MSBA Real Property Form No. 91, Contract for Repair, Replacement, Restoration, or Remodeling.

Reception for Law Students.  On November 17, 2006, a cocktail reception at William Mitchell College of Law followed the CLE presentation by Phil Bruner and Pat O’Connor.  Thank you to Connie Armstrong for organizing the program and reception.

Social ActivitiesOn May 18, 2007, the Section held a Summer Social at Brit’s Pub in Minneapolis.  The event was attended by 20 Section members.  Special thanks to Deb Mackay for organizing the event and to Mark Bloomquist and Chanel Melin for being Rules Captains.

ElectionsNew officers and council members were elected by vote at the annual meeting, which was held immediately before the Symposium on June 8, 2007.  Those serving in 2007-08 are:

Officers

            Chair                                        Dyanna Street
            Vice Chair                                Mark Bloomquist
            Treasurer                                  Mary Schwind
            Secretary                                  Gary Thaden
            Assembly Rep                          Deb Mackay
            Assembly Rep Alternate           Bob Huber

Council (8 positions, 2-year terms, no limits)

            Dave Sand (2nd year of 2nd term)
            Chad Stepan (1st year of 2nd term)
            Jason Greves (1st year of 2nd term)
            John Markert (1st year of 2nd term)
            Aaron Dean (2nd year of 1st term)
            Eric Ruzicka (2nd year of 1st term)
            Rob Smith (2nd year of 1st term)
            Brittany Turner (1st year of 1st term)

Student Liaison  Bryan Lake of William Mitchell College of Law.

Legislative Liaison         Dean Thomson

Finally, the Section wishes to thank the MSBA Staff, particularly Renee Anderson and Kim Basting, for their invaluable assistance and professionalism this year.

Report dated: June 30, 2007

Submitted by:

Robert J. Huber, Chair
Construction Law Section





MSBA CONSTRUCTION LAW SECTION
2004 - 2005 ANNUAL REPORT


In the past year, the Section continued its practice of holding monthly luncheons on the second Friday of every month. At each of the monthly luncheons, a presentation was made on topics of interest to the construction bar and the construction industry. The Section applied for CLE credit for each of those presentations. The presentations were as follows:

Date Topic

09/10/04 Targeted Business/Disadvantage Business Enterprises (DBE)
Programs

10/0804 Legislative Update

11/12/04 The Role of Construction Lawyers in the Public & Private Sectors

12/10/04 Copyright Protection for Plans and Specifications

01/14/05 2004 Case Law Update

02/11/05 Employment Issues on the Construction Job

03/11/05 Current Issues Under CGL Policies and Additional Insured
Endorsement

04/08/05 A View From The Bench

05/13/05 Proprietary Specifications: What and Way They Are Important to
Construction Law Attorneys

In addition to the monthly luncheons, the Section sponsored a symposium on June 10, 2005. The Section applied for 3 hours of CLE credits for the symposium. The Section applied for 1 hour of CLE credit for each monthly meeting.

In the spring of 2005, the Section made a donation of $10,000.00 to Habitat for Humanity. The Section has, from time to time, supported that organization both financially, and with volunteers.

As in the past, the Legislative Subcommittee monitored, and in some instances, commented on proposed legislation affecting the construction industry. Of particular interest in the 2005 Legislative session was procurement reform.

The Construction Section held its annual meeting at the symposium. The new officers for the 2005 - 2006 fiscal year are as follows:

Chair Deb MacKay, Faegre & Benson
Vice Chair Robert Huber, Leonard, Street & Deinard
Treasurer Dianna Street, Fabyanski, Westra & Hart
Secretary Mark Bloomquist, Meagher & Geer

The following individuals were elected as new members to the Governing Council for two year terms:

Chad Stepan, Meagher & Geer
John Markert, Coleman, Hull & van Vliet
Jason Greves, Faegre & Benson
Mary Schwind, Leonard, Street & Deinard

The following individuals remain on the Governing Council, and will be completing their two year term at the end of the 2006 fiscal year:

Bricker Lavik
Paul Meyer
David Sand
Gary Thaden

The following individuals served as Subcommittee Chairs for the 2004 - 2005 fiscal year, and will continue in those positions for the 2005 - 2006 fiscal year:

Dean Thomson and Gary Thaden (legislative subcommittee)
Theodore Roberts (new lawyer section liaison)

Dean Thomson was elected as the Section's representative to the House of Delegates of the Minnesota State Bar Association. Dianna Street was elected as the alternate.


MSBA Construction Law Section
2003-2004 Annual Report

In the past year, the section maintained its practice of holding monthly meetings on developments in the law and construction industry that affect our practice. The section held the following monthly meetings:

Date Topic Speaker(s)
9/19/03
2003 Case Law Update
  • Deb Mackay, Faegre & Benson LLP
  • Angela Hall, Dorsey & Whitney LLP
10/10/03 Legislative Updates
  • Dean Thomson, Fabyanske, Westra & Hart, P.A.
11/14/03
Mold: A Growing Concern
  • Rikke Dierssen-Morice, Faegre & Benson LLP
  • Slade Smith, Institute for Environmental Assessment
12/12/03
Perspectives on the World of the Construction Lawyer
  • Marvin Fabyanske, Fabyanske, Westra & Hart, P.A.
  • Ronald Martell, Moore, Costello & Hart
  • Saundra A. Martell, University of Minnesota
1/16/04
Current Issues in AAA Arbitration
  • Steve Champlin, Dorsey & Whitney LLP
  • Romack Franklin, American Arbitration Association
2/13/04 A View From The Bench
  • The Honorable Tony Leung, Hennepin County District Court
3/12/04 Vanya S. Hogan, Faegre & Benson LLP

Pitfalls of Practicing Construction Law in Indian Country
  • Vanya S. Hogan, Faegre & Benson LLP
4/16/04
Hiawatha LRT: New Vistas in Public Procurement Litigation
  • Bob Huber, Leonard, Street and Deinard, P.A.
  • Litigation Mary Schwind, Leonard, Street and Deinard, P.A.


The section also conducted the 2004 Symposium & Annual Meeting entitled Insurance Issues for Contractors and Design Professionals in a Changing Market on June 11, 2004.

The section’s legislative subcommittee provided comments and information on several legislative developments, including possible revisions to public bidding law, law affecting construction contracts, mechanics’ lien laws, and public surety bonds for improvements. The section will continue to be active next year with certain legislation.

The section also provided material to the MSBA on public questions regarding construction law issues.

New officers and two-year terms for board/council members were elected on June 11, 2004. They are as follows:

Officers:

Board/Council:

Continuing Board/Council members for the coming year are:

Subcommittee Chairs:


MSBA Construction Law Section
1996-97 Annual Report

In the past year, the section maintained its practice of holding monthly meetings on developments in the law and construction industry that affect our practice. The section held the following monthly meetings:

Date

Topic

Speaker

9/20/96

Minnesota AGC's New Standard Subcontract

Kurt Smith

10/18/96

Discussion of Project and Tour of New Federal Reserve Building

--

11/22/96

Discussion of Proposed Open-Air Baseball Stadium Issues

Steve Minn (Pat Forciea canceled)

2/21/97

Issues in Design and Future Construction of the New Science Museum in Downtown St. Paul

David Loehr

4/25/97

Tips for Effective Trial Practice

The Honorable Daniel Mabley

5/16/97

Tour of the New Federal Courthouse

The Honorable James M. Rosenbaum

 

The section also produced its sixth annual Construction Symposium entitled Minnesota in the Next Millennium: The Future of Development and Construction. The MSBA is pursuing CLE credits for all monthly meetings and the annual Symposium.

The section also has a legislative subcommittee that has discussed several legislative developments, including possible revisions to public bidding law, law affecting construction contracts, mechanics lien laws, and public surety bonds for improvements. The section will be more active next year with specific legislation.

The section also provided material to the MSBA on public questions regarding construction law issues.

Peter C. Halls,
Chairperson

- Last Updated 10/19/06 -