Mediator Resume

Fabyanske, Westra, Hart & Thomson, P.A. - Shareholder and Former President

Attorney, Arbitrator, and Mediator

Attorney, Fabyanske, Westra, Hart & Thomson, 1984 - Present; Law Clerk, Minnesota State Court, 1982 - 1984. Adjunct Law Professor in courses on Construction Law and Remedies, University of Minnesota Law School, 2021 - Present.

Primarily engaged in construction, design, and development related litigation representing i) general contractors, subcontractors, and specialty contractors, ii) architects/engineers, iii) private owners/developers, and iv) and public agencies involving public and commercial projects on cases ranging from $1 million to $1+ billion in dispute. Construction cases and ADR experience have involved all aspects of construction including, for example, sewer and water projects; bridges and highways; differing site conditions; changes; concrete failures; foundation problems; curtain wall defects; roofing issues; structural steel problems; masonry issues; alleged design and engineering errors; HVAC disputes; delay, acceleration and disruption claims; liens and bond claims; power plants, nuclear facilities, and alternative energy (wind, solar, and hydro) projects; design-build, EPC, and P3 projects; airport concourse expansions and tunnel and runway expansion projects; three light rail projects; and insurance coverage disputes. Tried cases to verdict, judgment, or award in 15 states; have represented clients in disputes in all 50 states. Continuously rated since 2012 as Band One Construction Attorney by Chambers, selected as Minneapolis "Attorney of the Year" seven times by Best Lawyers in the areas of Construction Law and Real Estate Litigation, and for the past 25 years been on the Top 100 Minnesota "Super Lawyer" list across all practice areas by the Minnesota Journal of Law and Politics.

Mediator on over 50 cases; Member of AAA Master Mediation Panel.

Mediator on over 50 construction related claims involving multiple parties and a variety of liability and damages issues. CGL and E&O insurance coverage issues have often been involved and examined in resolving these cases. Prefer early engagement of the mediator and use Guiding Mediation Techniques and pre-session conferences to ensure all parties are prepared for the mediation session, all reasonable information needs have been met, and any potential impasse to settlement is identified prior to the session. Mediated claims have ranged from $50,000 to $20 million.

Westlaw and Relativity proficient

University of Minnesota (JD, cum laude-1982); Carleton College (BA-1978).

Admitted to the Bar: Minnesota (1982), Wisconsin (2008); U.S. District Court: District of Minnesota (1984), Eastern and Western District of Wisconsin (1995), District of North Dakota (2011); U.S. Court of Federal Claims (2003); U.S. Court of Appeals: Federal (1993) and Eighth (1999) Circuits; U.S. Supreme Court (2015).

American College of Construction Lawyers (Fellow 2000; Board of Governors 2008-2010; Executive Committee 2021 - 2025; President 2024 - 2025); Minnesota State Bar Association (Section of Construction Law, Board Member and Past Chair); American Bar Association (Forum on Construction Industry; Division 1 Steering Committee). Through the Minnesota State Bar Association, assisted in initiating, drafting, and lobbying for the passage of the following legislation: - Minnesota’s Public Contractor’s Payment and Performance Bond Act: Minn. Stat. §574.26-.32 (1994): changing the requirements for providing and making claims against payment and performance bonds on public projects; - Minn. Stat. § 514.13 (1995): preserving unjust enrichment claims and deleting bill of particulars requirement in mechanics liens; - Minn. Stat. §§ 574.31, subd. 1 and 2 (1995): allowing negotiated deadline for payment bond claims and preserving common law and equitable rights of sureties; - Minn. Stat. § 471.425, subd. 4(a) (1995): extending prompt payment obligations of state to municipalities building and construction contracts; - Minn. Stat. § 337.10, subd. 1, 2, 3, 4 and 5 (1997): establishing venue for Minnesota construction projects; prohibiting lien waivers without consideration; and enumerating prompt payment and progress payment obligations; - Minn. Stat. §16C.01 et seq. (1998): integrating competitive bidding for building and construction contracts into the Minnesota Department of Administration’s new “best value” procurement system; - Minn. Stat. § 574.31 (2001): clarifying notice requirements on payment bond claims; - Minn. Stat. §§ 161.3410-3428 (2001): allowing and establishing design-build procurement of Minnesota Department of Transportation projects; - Minn. Stat. § 15.411 (2002): prohibiting the use of “no damage for delay” clauses on public projects; - Minn. Stat. §§ 16C (2006): allowing and establishing design-build and construction manager at risk procurement on certain Minnesota Department of Administration, University of Minnesota, and Minnesota State Colleges and Universities projects; - Minn. Stat. § 514.10 (2006): using bonds in lieu of work to remove liens from property; - Minn. Stat. § 327A (2010): notice and opportunity to repair and early neutral evaluation of residential homeowner claims as a condition to litigation; - Minn. Stat. § 337.05 (2013): identifying what standard insurance products are allowable under an anti-indemnity statute; - Minn. Stat. § 337.10 (2016): establishing retainage limits and ability to suspend performance for non-payment; - Minn. Stat. § 541.051 (2018): redefining the start of the statute of limitations relating to construction and design claims; - Minn. Stat. § 16C.281 and § 471.345 (2019): conferring jurisdiction for procurement protests in district courts and establishing orotest deadlines.

Beyond Arbitration: Tailoring ADR to the Dispute, paper presented to the ABA Forum Midwinter Conference (2026); Comparing Theory and Practice: Survey Results of What Attorneys and Arbitrators Want in Construction Mediation and Arbitration, 42 The Construction Lawyer 27 (Issue 3, 2023); Early Mediator Engagement: Lessons from Master Mediators, 15 Journal of the ACCL 39 (2021); The Advocacy Preferences of Construction Arbitrators, 14 Journal of the ACCL 67 (2020); Inside the “Black Box”: The Preferences, Practices, and Rule Interpretations of Construction Arbitrators, 12 Journal of the ACCL 37 (2018); Significant Changes to the AIA Document A201-2017, 11 Journal of the ACCL 19 (2017); The Guided Choice Process for Early Dispute Resolution, 1 The American Journal of Construction Arbitration & ADR 23 (2017); Indemnity Wars: Anti-Indemnity Legislation Across the Fifty States, 8 Journal of ACCL 1, (2014); The Business Risk Doctrine in Minnesota: The Emperor Has No Clothes, 35 Hamline Law Review 43 (2012); Can Vague Regulations be “Narrowly Tailored”? An Analysis of the U.S. Department of Transportation’s DBE Regulations, 6 Journal of the ACCL 1 (Winter, 2012); Incomplete Repairs: New Remedies for Disputes in Residential Construction, 68 Bench & Bar of Minnesota 18 (Issue 9, October 2011); A Modest Proposal: Conflicting Judicial Decisions Mandate Coverage, 3 Journal of the ACCL 1 (Winter, 2009) (Winner of National Burton Award for Legal Writing); The 2007 A201 Deskbook (ABA 2008); A Critique of Best Value Contracting in Minnesota, 34 William Mitchell Law Review 25 (2007); State-by-State Guide to Construction Contracts and Claims: Minnesota (Aspen 2006); 50 State Construction Lien and Bond Law: Minnesota (3rd Ed. Wolters Kluwer 2015); A Disconnect of Supply and Demand: A Survey of Construction Mediation Practices, 21 The Construction Lawyer, No. 4, 17 (2001); Minnesota Law for Design Professionals, Lorman Education Services (2000-2001); Best Value in State Construction Contracting, 19 The Construction Lawyer, No. 2, 31 (1999); The 1997 AIA Document A201, A Guideline to New Provisions, 97-12 (Fed. Pub. 1997); Dysfunctional ADR: Tips to Avoid the Pain, 16 The Construction Lawyer, No. 4, 26 (1996); The Forum’s Survey of the Current and Proposed AIA A201 Dispute Resolution Provisions, 16 The Construction Lawyer, No. 3, 3 (1996); Arbitration Theory and Practice: A Survey of AAA Construction Arbitrators, 23 Hofstra Law Review 137 (1994); Construction Claims in Minnesota, Lorman Educational Services (1989-2001). A list of presentation on various Construction Law topics can be found at https://www.fwhtlaw.com/attorneys/dean-b-thomson

Will not charge for travel if within one hour of office.

Hourly Rate: $635.00 Daily Rate: Not provided Study Rate: $635.00/hr Cancellation: $1,500.00/Day Cancellation Period: 5 Days Comment: Will charge for travel beyond 1 hour.

English

United States of America

Minneapolis, Minnesota