Mediator Resume

Seasoned construction attorney recognized for skill in leadership, clear communication, collaboration, and thinking outside the box. Demonstrated strength in managing litigation and arbitration, trying cases, negotiating contracts, achieving settlements, handling appeals. Credentialed to argue cases before the United States Supreme Court. Represents architects, engineers, interior designers, building contractors (vertical, infrastructure, highway) and their sureties. Thought leader in construction law and educator on ethics for design professionals. Past National Chair of the ABA Forum on Construction Law.

Attorney, Legal Counselor, Mediator, Educator

Founder/Construction Lawyer/Mediator/Educator/Legal Counselor, Kubes Law Office, PLLC, 2009-Present; Partner/ Lawyer, Meagher & Geer, PLLP, 2002-2009; Associate, Thomas R. Olson & Associates, 1998-2002; Judicial Clerk, Minnesota Court of Appeals, J. Schumacher 1998, J. Norton 1993-1995, J. Huspeni 1990-1992.

Solely practicing Construction Law since 1998. Drafts, reviews, and negotiates contracts for all sizes of firms and projects. Provides counsel to clients for managing and minimizing risk, navigating project management and payment issues during contract performance, and evaluating and implementing best practices. Litigates and arbitrates disputes over contracts, alleged defects in design/construction, insurance coverage for work performed, and mechanic’s liens. Defends professional liability and general liability claims. Secures clients’ payment claims via mechanic’s liens and collections. Represents and defends professionals before licensing Boards.

Have mediated disputes related to contract interpretation and performance, alleged construction defect, consequential damages, intellectual property rights to design documents.

Construction defect of many kinds; design defect of many kinds; mechanic’s lien/payment issues; insurance claims; storm damage.

I mediate cases because I believe in empowering parties to take charge of their circumstances and work things out. I have proven skills as an effective listener and have been blessed with the gift of helping people hear one another when they otherwise cannot. Because no education is ever wasted, we use our time in mediation to dig into the facts and related law, if necessary, so parties understand their strengths as well as their challenges and therefore can make an informed decision about the case. An effective mediation requires preparation, engagement, open mindedness, and the engagement of legal counsel working with the mediator to explore the possibilities of resolution. To that end, I set forth in the mediation agreement the requirements of the parties and counsel to engage in the process. I ask questions to ensure we have all the decision-makers attending the session. I require shared submissions and exchange of key documents in advance to avoid game-day surprises and afford the parties the opportunity to process the data before the mediation. The mediator should not be the first harbinger of bad news to the parties; that responsibility rests with legal counsel, who have an obligation to give their clients a candid assessment of the facts and the law. I hold individual preparatory calls with each legal counsel to address questions and ensure that they have not only candidly evaluated the case, but have also identified and discussed with their clients any weaknesses in their case in advance of the mediation.

Conducts mediation remotely via various platforms including Zoom, Teams, GoToMeeting, etc. Understands construction means and methods, design process and drafting, construction management and project management principles. In litigation, works regularly with electronically stored information (ESI) in discovery and related issues of proportionality and expense. Familiar with the risk/reward dialogue about AI in construction and design as well as case evaluation.

University of Minnesota Law School (J.D. – 1990); College of St. Catherine (B.A., English, political science – 1986); University of Rennes, France, Institute of Business and Management (post-doctoral student and Professor’s Assistant in French MBA program - Fall 1992).

Admitted to the Bar: Minnesota (1991); U.S. District Court: Minnesota (1991); U.S. Court of Appeals: Eighth Circuit (1999); U.S. Supreme Court (2018).

American Bar Association Forum on Construction Law (2001-present) and National Chair (2019-20); Officer (2018-2022); Building for Good, Inc. (2015-present) Founding Member, Secretary, MN Volunteer Lawyer; Fellow, Construction Lawyers Society of America (honoree by invitation only); American Institute of Architects – MN, Allied Member (2009-present); American Counsel of Engineering Companies – MN, Affiliate Member (2009-present); American Society of Interior Design – MN, Industry Partner (2009-present); Association of Women Contractors, Affiliate Member (2016-present); Associated General Contractors of America, MN Chapter, Affiliate Member (2023-present); American Bar Association Trial and Insurance Section/Fidelity & Surety Law Committee (2001-present); Fellow of the American Bar Foundation (2016-present); MN State Bar Association Construction Law Section Member; MN Defense Lawyers Association construction Law Committee Member.

Published Books Infrastructure from the Ground Up: Civil Engineering Works for Lawyers; Literary Editor (ABA Nov. 2012); Litigation Forms Deskbook, Chapter Author, “Alternative Dispute Resolution and Settlement” (Minnesota CLE 2022). Program Leadership, Speaking Engagements, and Published Articles Starting Strong: Tips for a Successful Design Business, University of Minnesota School of Design, November 2024; The Impact of BIM on Design & Construction: Legal & Practical Perspectives, ABA Forum on Construction Law Fall Meeting, October 2024; Understanding and Managing Risks of Artificial Intelligence in Design, MSBA Construction Law Symposium, June 2024; Ethics & Wellness: Critical Competencies for Engineers in the Public Arena, AGC & ACEC MN Transportation Conference & Expo, May 2024; Ethics for Design Professionals: Protecting the HSW, CSI North Central Region Conference, May 2024; Ethics, Responsibility, & Leadership in Professional Practice, two-hour training for ACEC-MN Emerging Leaders Workshop, Spring and Fall 2024; Starting Strong: Tips for a Successful Design Business, Century College Design Program, April 2024; Making the Job Site Safe for Everyone, Seminar for IIDA Northland, April/May 2024; In-House Ethics Training; various MN A-E-C-ID firms; Winter/Spring 2024; Using Arbitration to Settle Disputes, MN CLE, “Construction A to Z,” August 2023; BIM and its Legal Implications, ABA Forum on Construction Law Distance Learning Seminar, May 2023; Ethics, Responsibility, & Leadership in Professional Practice, two-hour training for ACEC-MN Emerging Leaders Workshop, Spring and Fall 2023; How Mediation Works in Construction Cases, MN CLE, February 2023; Engineering Ethics: Let’s Talk About It, American Public Works Association-MN Chapter Fall Conference, November 2022; Legal Issues in Interior Design, one-hour seminar for University of Minnesota Interior Design Program, November 2022; Identifying the Client: Representing Insurance Companies and Builders in the Construction Industry, Ethics Seminar in conjunction with MN CLE Seminar, “How to Handle Residential Construction Defect Claims,” August 2022; Ethics, Responsibility, & Leadership in Professional Practice, two-hour training for ACEC-MN Emerging Leaders Workshop, August 2022; Alternative Dispute Resolution and Settlement, MN CLE MN Litigation Forms Deskbook Seminar, July 2022; BIM and Its Legal Implications, MSBA Construction Law Symposium, June 2022; Elimination of Bias through Ethics, Inclusion, & Professionalism, MSBA Solo/Small Firm Summit, May 2022; Better Equipped: Understanding Key Terms in the AIA B101 and A201 Contract Documents Conference of Catholic Facility Management Annual Meeting, April 2022; Ethics, Responsibility, & Leadership in Professional Practice, two-hour training for Henn. County Facilities Management, March 2022; Engineering Ethics: You & the HSW; MN Structural Engineers Association, January 2022; In-House Ethics Training; various MN A-E-C-ID firms; Winter/Spring 2022; Ethics and Risk Management Q&A, one-hour training for University of Minnesota Interior Design Program, October 2021; Engineering Ethics; one-hour training for ACEC National Fall Meeting, October 2021; Engineering Ethics; two-hour training for ACEC-MN, April 2021; Ethics, Responsibility, & Leadership in Professional Practice; two-hour training for ACEC-MN Emerging Leaders Program, April 2021; Intersection of Ethics, Risk Management, and Practice for Certified Interior Designers; one-hour training for University of Minnesota Interior Design Program, October 2020; “Provisions for the Journey”; Message from the Chair, The Construction Lawyer, ABA Forum on Construction Law, Summer edition, August 2020.

Hourly Rate: $400.00 Daily Rate: Not provided Study Rate: $400.00/hr Cancellation: $1,000.00/Day Cancellation Period: 7 Days Comment: Out of pocket expenses will be billed without markup, including parking charges, mileage, airline/hotel, ground transport, and meals if travel is required for mediation session.

English

United States of America

Minneapolis, Minnesota