Michael Lapicola's practice consists primarily of drafting and negotiating construction and design contracts, as well as litigating and arbitrating construction and commercial disputes. Michael has represented owners, contractors, subcontractors, suppliers, design professionals and sureties in connection with the following types of matters, among others:

• Drafting and negotiating hundreds of construction-related contracts for various types of project delivery systems, including: 
  • Construction contracts
  • Design agreements
  • Subcontracts
  • Design-build agreements
  • EPC agreements
  • CM agreements
  • Consultant contracts
  • Construction disbursement agreements
  • Bid documents
  • Purchase orders
  • Indemnity agreements
  • Tenant improvement contracts
  • Joint venture and teaming agreements
  • Termination agreements
  • Assignment agreements
  • Purchasing agent agreements
  • Arbitration agreements
  • Settlement agreements
• Reviewing and drafting construction documents related to the financing of construction projects, including housing, health care, retail, hotel, gaming, and other projects
• Mechanic's lien claims and other payment claims
• Defective work, defective design, and warranty claims
• Delay, acceleration, and disruption claims
• Indemnity claims for personal injury, property damage, and loss of use damages
• Coverage claims under general liability insurance policies
• Bond claims and surety indemnitor actions
• Bid protests

Representative Matters

• Prepared contract templates in connection with the construction of a $1.6 billion multi-phase iron-pellet production facility and steel manufacturing facility.
• Drafted, reviewed and negotiated construction/design agreements and related documents on behalf of multiple Indian tribes and investment banks in connection with more than $2 billion in financing transactions for gaming, hotel, and entertainment facilities.
• Reviewed and revised hundreds of construction agreements and provided regular consulting for a $500 million general contractor in connection with projects located across the country.
• Prepared contract templates for use by dozens of owner, contractor, and designer clients.
• Represented AIA Minnesota in negotiations with various Minnesota state agencies to improve architectural agreement forms used by the state.
• Assisted in mediation and settlement of more than $40 million in claims arising from the design of an interstate bridge over the Mississippi River.
• Pamela Krueger v. Zeman Construction Company, 781 N.W.2d 858, Minnesota Supreme Court (2010). Successfully represented contractor in an appeal addressing the business discrimination provisions of the Minnesota Human Rights Act.
• Riverview Muir Doran, LLC v. JADT Dev. Group, LLC, 790 N.W.2d 167, Minnesota Supreme Court (2010).  Drafted amicus curiae brief on behalf of AIA Minnesota addressing priority of mechanics lien rights for designers.
• Ray & Sons Masonry Contractors Inc. v. USF&G, 114 S.W.3d 189, Arkansas state court(2003). Obtained $1.5 million jury verdict in favor of surety against a masonry subcontractor responsible for defective construction.

Honors

• Chambers USA: America's Leading Lawyers for Business, Construction, 2011
• Super Lawyers, Minnesota Rising Star, Construction/Surety and Construction Litigation, 2011

Professional Associations

• AIA Minnesota
  Contracts Task Force, Member
• AGC of Minnesota
  Legislative Committee, Member
  Advisory Task Force on Employee Misclassification to the Minnesota Department of Labor and Industry, Representative, 2009–11
• AGC of America
  Contract Documents Committee, Member

Presentations

• Construction Law Update
  Faegre & Benson Construction Seminar (2010–11)
• Minnesota False Claims Act
  New Law Webcast Series, Minnesota CLE (2010)
• AIA Small Project Family Contracts
  AIA Minnesota (2009)
• Best Value Bidding
  Faegre & Benson Construction Seminar (2009)
• 2007 Changes to the AIA Family of Documents
  Twin Ports Chapter, CSI (2008)
• Liability for Submittal Errors
  AIA Minnesota (2008)
• Using Electronic Documents During Construction
  AIA Minnesota 72^nd Annual Convention & Exposition (2006)
• Immunity For Design Professionals
  Construction Law Symposium, Minnesota State Bar Association (2006)
• Delay Claims and Damages
  Faegre & Benson Construction Seminar (2006)
• Legal Issues for Bidding
  5^th Annual Construction Industry Seminar, Minnesota State University at Mankato (2004)
• Contract Provisions from Both General Contractor and Subcontractor Perspectives
  Twin Cities Area Chapter, CFMA (2004)
• Design Professionals and Design-Build
  Faegre & Benson Construction Seminar (2003)
• Construction Lien Law in Minnesota
  Lorman Education Services (2000)
• Subrogation, Indemnity, Insurance
  Minnesota Construction Lien & Bond Law, Lorman Education Services (1999)

Legal Updates

• The Design/Build Deskbook, Fourth Edition
  Author, Minnesota and South Dakota Chapters, American Bar Association (2010).
• The Construction Briefings Year-End Review
  Author, Design Professionals, West Publications (2004, 2008–11) 
• State Public Construction Law Source Book
  Co-author, Minnesota chapter, CCH, Inc. (2002)