Experience

Claims Avoidance

  • Representation of the general contractor of a library project for a state university regarding processing unresolved change orders and negotiating unresolved CCDs totaling into the millions through a claims process that was unique to the Contract Documents, resolving the claim for 98% of the claim without invoking the project's dispute resolution procedures.

  • Representation of five separate contractors, all signatories to a joint prosecution agreement, in presenting their individual but complimentary claims totaling in excess of $6 million to a public owner through a private claim presentation process that did not invoke the project's dispute resolution procedures.

  • Representation of the owner of $140 million multi-use development project in processing and resolving $7 million in payment disputes and lien claims arising out of multiple year delay claims; establishing a unique dispute board and implementing a settlement process that resolved all trade contractors' claims without litigation.

  • Representation of an exterior/interior wall contractor in closing out a hotel project and resolving million dollar disruption and delay claims arising out of schedule compression and poor design documentation; establishing and implementing a unique dispute resolution process that investigated and presented the claims to the owner, the builder and designer that resulted in a successful resolution of the sub's claim without recourse to arbitration.

  • Representation of a Contractor in connection with negotiating the terms of an Owner Controlled Insurance Program for a $100 million-plus construction project; a major purpose of which being to construct an insurance program that does not give rise to claims between the parties to the project.

  • Representation of private school defending a million-plus dollar payment claim presented by the general contractor with its final pay application; successfully resolving the claim by application of the risk allocation provisions negotiated into the front-end documents without resort to litigation or arbitration.

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