Contact Information

bj.nodzon@FaegreBD.com2200 Wells Fargo Center
90 S. Seventh Street
Minneapolis, Minnesota 55402
T: +1 612 766 8768
F: +1 612 766 1600

Education

William Mitchell College of Law
J.D., Dean's List, Law Review (editor-in-chief), summa cum laude (2002)
University of St. Thomas
B.A., Dean's List, summa cum laude (1999)

Bar Admissions

Minnesota

Court Admissions

U.S. Court of Appeals for the Eighth Circuit U.S. Court of Federal Claims U.S. District Court for the District of Minnesota

Bernard E. Nodzon, Jr.

Partner

B.J. Nodzon advises clients on construction, real estate and procurement law issues related to projects across an extensive range of industries. He works to guide construction projects from beginning to end in a cost-efficient manner while proactively advising clients on how to avoid disputes and construction delays.

B.J. drafts and negotiates all types of construction, design, engineering and supply chain contracts, including EPC, BOP, design-build, ConsensusDocs, DBIA, AIA and joint venture agreements. He also helps clients manage and evaluate risks during the construction process and assists them in resolving construction and real estate disputes.

B.J.has provided strategic counsel and handled contract drafting and negotiation  for  projects in the following industries:

Energy

  • Transmission lines: Representing 11 utilities in connection with the design and construction of a $1.7 billion transmission line project throughout four states
  • Wind farms: Spinning Spur Wind Ranch, Top of Iowa II, Wessington Wind Farm (South Dakota), and Hometown Wind Project, a multi-phase wind farm project spanning across 11 locations throughout Minnesota.
  • Bio-Fuel Facilities: 20 megawatt biomass and steam co-generation power plant on behalf of a joint enterprise of Rahr Malting Co. and Koda Energy; represented a food and agricultural company in connection with four ethanol plants in Indiana, Illinois, Iowa and Missouri, totaling $750 million.
  • Solar: Multiple solar facilities throughout country, including Nevada and North Carolina.
  • Power Plants: Drafted and negotiated over $100 million in coal-fire and nuclear power plant construction and design agreements.

Food and Agricultural Facilities

  • Represented a Fortune 500 food manufacturer in the construction of one of the largest food distribution and storage facilities in the country.
  • Represented numerous other food manufacturers and agricultural companies in connection with food production and processing plants throughout the world.

Industrial, Manufacturing, and Healthcare Facilities

  • Storage and Automation Facilities: Representing a Fortune 50 global transportation and logistics company in connection with construction, design, and procurement projects throughout the United States, Asia and Europe.
  • Hospitals: $550 million hospital in Fargo, North Dakota; $20 million eating disorder institute in Minneapolis, Minnesota; multiple other hospitals throughout the country.

Sports Facilities

  • New Minnesota Vikings stadium
  • Target Field (Minnesota Twins)
  • FedEx Forum (Memphis Grizzlies)

Housing, Community Development, and Retail

  • More than 50 major mixed-use residential construction and rehabilitation projects throughout the country, including the design and construction contracts for the $132 million renovation of the iconic Riverside Plaza, one of the largest HUD-supported projects in the country, which included rehabilitation of 1,303 units of affordable housing and created more than 200 construction jobs.
  • Representing major retailer in connection with renovation and construction of stores throughout country.

 Airports

  • Houston Hobby Airport Expansion (Houston, TX); Portland HUB expansion (Portland, Oregon).

Office Towers

  • Design and construction agreements for nine-story office building on Nicollet Mall in downtown Minneapolis, Minnesota.

Casinos

  • Represented various casino owners, lenders, and general contractors in expansion and construction of casinos throughout the country.

Government Contracts

  • B.J. advises clients on state and federal government contract issues. He is licensed to practice in the court of federal claims and has handled a variety of government contract issues for clients, including bid protests, prevailing wage disputes, and claims against the government for unpaid work.

Construction and Real Estate Dispute Resolution

Notable disputes B.J. has handled include:

  • Jason Fremin v. GE Wind, LLC, et. al. (D. Iowa 2011). Represented contractor sued by electrician seeking damages for injuries sustained on the Pomeroy Wind Farm Project.
  • David Dutcher v. Dawes Crane & Rigging Co., et. al. (Iowa 2010). Represented contractor sued by injured crane operator at the Intrepid Wind Farm Project.
  • Itron v. Web Construction , 2009 WL 113370 (Minn. Ct. App. 2009). Obtained complete victory for owner of production facility arising out of defective construction of concrete floor.
  • 3M Company v. Amtex Security, Inc. , 542 F.3d 1193 (8th Cir. 2008). Successfully compelled arbitration on behalf of 3M Company.
  • Abhe & Svaboda, Inc. v. Bell BCI Co., 520 F.Supp.2d 701 (D. Md. 2007). Represented Abhe & Svaboda in bond claim; successfully defeated Bell BCI's motion for summary judgment; the case settled shortly before trial.
  • Southeast Wisconsin Professional Baseball Park District v. Mitsubishi Heavy Industries American, Inc. et. al. , Circuit Court, Milwaukee County, Case No. 02CV000060. Represented the district in litigation arising out of the construction of Miller Park, home of the Milwaukee Brewers. The case began with defending an $87 million claim against the district and resulted in a $33 million net recovery in the district's favor.
  • Kmart Corp. v. Minn. Associates, L.P. , Court File No. 27-cv-08-28641, Hennepin County, Minn. (2008). Represented landlord in dispute with tenant over renovations to retail store.
  • STC CS III v. ING Bank, et. al. , Court File No. 73-cv-07-11019, Hennepin County, Minn. (2007). Defended ING Bank in mechanic's lien action against developers.

Pro Bono

  • Asylum Appeals
  • Housing
  • Landlord/Tenant

Honors

  • Chambers USA: America's Leading Lawyers for Business — Up and Coming, 2014
  • Minnesota Super Lawyers  Rising Star, Construction/Surety, 2011-14

Professional Associations

  • American Bar Association
  • Minnesota State Bar Association
  • Hennepin County Bar Association
  • Minnesota State Bar Association  Construction Law Section  
  • Minnesota Utility Contractor's Association  Former Board Member

Clerkships

  • U.S. Court of Appeals, 8th Circuit, Hon. Donald P. Lay (dec.), 2002-03

Presentations

  • Advanced Topics in Construction Law Arbitration
    Minnesota State Bar Association, Construction Law Section, 2012
  • Recent Developments in Government Contracts
    In-House Client Seminar, 2011
  • Construction Contracts From A to Z: Negotiating the Contract
    National Business Institute, 2010
  • Contracting in a New Economy
    In-House Client Seminar, 2009
  • The 2007 AIA Contract Forms
    Various In-House Client Seminars, 2008, 2009
  • Arbitrating and Litigating Payment Bond Disputes
    Lorman Education Services, 2008
  • Drafting Condominium Construction Contracts
    Lorman Education Services, 2008
  • Using a Mechanic's Lien to Get Your Money
    National Business Institute, 2006, 2007
  • Prevailing Wage Laws in Minnesota
    Minnesota Utility Contractor's Association, 2007
  • The AIA's New Design-Build Forms
    AIA Minnesota CLE, 2006
  • Using Contract Forms to Control Risk in Multi-Unit Residential and Design-Build Projects
    American Institute of Architects, AIA Annual Convention, 2005
  • Recent Case Developments in the State and Federal Courts
    Minnesota State Bar Association, Construction Law Section, 2005
  • Redlining the Bluebook: The General Rules and Principles for Citation in Legal Briefs
    CLE Presentation for Ramsey County Government Employees, 2002

Published Articles

  • A State-by-State Guide to Construction & Design Law (2nd Edition)
    Chapter 24, Minnesota, 2009
  • Design Professionals and the Design-Build Project (Chapter 5)
    Co-author in Design Professional and Construction Managers Law, American Bar Association Forum on the Construction Industry, 2007
  • Prevailing Wage Laws in Minnesota
    The Underground Press (MUCA Publication), 2007
  • The Construction Briefings Year-End Review
    Co-Author, Federal Publications, 2002-08
  • Discovery Outside the United States (Chapter 8)
    Co-author in ABA Discovery Deskbook, 2005
  • Free Speech in a Digital Economy: An Analysis of How Intellectual Property Rights Have Been Elevated at the Expense of Free Speech
    36 John Marshall L. Rev. 109, 2002
  • A Closer Look Inside Appellate Courts
    29 Wm. Mitchell L. Rev. 729, 2002
  • The Minnesota Supreme Court Injects a Greater Degree of Judicial Efficiency Into Civil Litigation
    27 Wm. Mitchell L. Rev. 1233, 2000