Jocelyn Knoll

Public Private Partnership (P3), Transportation, and Government Contracting 

• Representing and serving as lead outside P3 construction counsel to a bi-state joint powers public authority in NW Minnesota and SE North Dakota on a multi-billion dollar flood diversion project, the largest construction project in North Dakota history.
• Representing and serving as lead outside P3 claims counsel to a large public authority in the Western United States on a $2.2 billion P3 commuter rail project and defending that client in a lawsuit brought by the Concessionaire in Denver County District Court, Denver Transit Partners v. Regional Transportation District; on February 10, 2023, the trial court issued its final trial decision zeroing out DTP’s $112 million force majeure claim and change-of-law claims. On May 9, 2024, the Colorado Court of Appeals completely affirmed the trial court’s decision to award the Concessionaire nothing on its claims, holding there was no change in any regulatory scheme.
• First chaired a $2.4 million unanimous jury award and rejection of the Concessionaire's $50 million claim in North Dakota State Court.
• Assisted the Metropolitan Council with the development of its procurement documents and vendor contracts in connection with light and heavy rail projects, specifically, the Hiawatha and Northstar rail projects.
• Lovering Johnson, Inc. v. City of Prior Lake (Minn. Ct. App.). Represented disappointed bidder in a public procurement award protest. The Minnesota Court of Appeals held that the public authority violated public procurement laws and illegally awarded the contract to a non-responsive bidder.
• Served as lead counsel to an international engineering firm in a responsibility review by a large public authority. 
• Representing a large public authority that is tasked with the design, construction, and operation of U.S. Bank Stadium.

Construction, Design Defects, and Data Centers

• In re 35W Bridge Litigation. Served as lead counsel for global engineering company in 120 lawsuits arising from the collapse of a major interstate bridge. Successfully negotiated resolution of claims that had a potential exposure of $1billion in damages for a fraction of the plaintiffs’ pre-suit demands.
• In re Mission Critical Data Center I. Served as lead trial counsel for national design-builder in a jury trial arising out of the design, construction and expansion of a Tier III data center for a Fortune 50 company. The design-builder was made whole through a combination of settlement proceeds, the jury's apportionment of fault among the parties and the design-builder's own coverage.
• In re Mission Critical Data Center II. Represented owner in dispute with contractor regarding construction defect in a Tier III data center. The case settled on terms favorable to the owner.
• In re Large University. Advised public university client in connection with claims arising out of cross-laminated timber (CLT). 
• Jeurissen v. NDI LLC (Minn. Ct. App.). Represented and served as lead trial counsel to national developers in construction and real estate dispute. Successfully defended clients' interpretation of purchase agreement.
• Vlahos v. R&T Constr. of Bloomington, Inc. (Minn. Ct. App.), reversed on other grounds (Minn). Represented subcontractor in a construction defect case. The Court of Appeals held that Minnesota's two-year limitations period begins to run when real property owners have or should have had knowledge of injury to their property, and the sale of realty does not revive for subsequent purchasers an already time-barred claim.
• Twinco Romax Automotive Warehouse, Inc. v. Olson (Minn. Ct. App.). Represented material manufacturer in a construction defect case. The Minnesota Court of Appeals held that Minnesota's two-year limitations' period for construction materials barred the owner's claims.
• Stiglich Construction, Inc. v. Larson (Minn. Ct. App.). Represented general contractor in a payment dispute. The Minnesota Court of Appeals interpreted for the first time how arbitration affects mechanics' lien rights.

Energy

• In re: Longview Power LLC. Represented and served as lead trial counsel for global EPC contractor in arbitration proceedings, state court, federal court, and bankruptcy proceedings concerning design, schedule delay, force majeure, defect, scope change, insurance, and payment claims totaling approximately $1 billion, arising out of the construction of a 700-megawatt (net) power plant. Obtained favorable settlements with the project owner and others, and prosecuted and defended claims against the boiler OEM during a six-week arbitration hearing, resulting in a $74 million award in the client's favor and a complete denial of the boiler OEM's sizable counterclaim. Resolved the largest mechanics' lien claim in West Virginia history.
• Advised general contractor during design and construction of a LNG plant, including resolving claims between the owner and general contractor; represented general contractor during post-completion claims caused by subcontractor's delay in completing its work, and subcontractor's claim of entitlement to additional time and money due to a purported change-in-law and force majeure events. Case resolved favorably.
• In re: Arbitration Between Knutson, Harris/HiMec Hunt, LLC and Olmsted County. Represented and served as lead trial counsel to the project owner in a multi-week arbitration proceeding arising out of the design and construction and expansion of a waste-to-energy plant. As part of its award, the arbitration panel awarded the owner more than 100 days of delays and liquidated damages against the construction manager at risk and denied the construction manager at risk’s fraud claims.
• Envirotech, Inc. v. Brandenburg Construction and NSP, et al. Represented the utility owner in a dispute arising out of the demolition of a coal-fired power plant. Settled the multimillion dollar case for a small fraction of the plaintiff's demand. 

Mining

• In re Royalty Dispute. Served as lead arbitration counsel for international royalty-holder; successfully obtained $3.9 million award.
• Currently representing international mining operators concerning construction procurement, contract terms and claims.

Insurance

• The Cincinnati Insurance Company v. J. Berd Mechanical Contractors, Inc., Security Fire Sprinkler, LLC, Doran Construction Company, LLC, et al. (D. Minn.).  Represented policyholder in a large, alleged construction defect case arising out of CPVC fire sprinkler pipes installed in large luxury apartment community.
• Kvaerner North America Construction Inc. Secured defense and indemnity payments of more than $30 million for global EPC contractor.
• Westfield Insurance Company v. Weis Builders, Inc. (D. Minn.). Represented general contractor in a large construction defect case involving water intrusion. Obtained over $15 million in insurance coverage for diminution in property value and repair costs.
• Frerichs Constr. Co. v. Minnesota Counties Insurance Trust (Minn. Ct. App.). Represented contractor in a construction scheduling and contaminated soils case. The Minnesota Court of Appeals held that the owner was responsible for all project delays and clean-up costs caused by discovery of asbestos-containing soils at the project site.
• In re Mission Critical Data Center I. Secured more than $2 million in insurance coverage for claims arising out of design defects on a Tier III data center.

Contract Manufacturing

• In re Electronic Manufacturing Services (EMS) I. Served as lead arbitration counsel for international contract manufacturer in a "bet the company" dispute arising out of a terminated supply contract, securing a multi-million dollar award in favor of client. 
• In re EMS II. Served as lead arbitration counsel for international contract manufacturer in a multi-million dollar dispute arising out of alleged design and manufacturing defects. Successfully defeated claimant's $20 million claim for lost profits.

Real Estate

• Currently representing a large Minnesota based developer in connection with its construction and design contracts.
• Hersh Properties, LLC v. McDonald's Corp. (Minn.). Represented owner in a real estate dispute involving easement and right-of-way rights. The Minnesota Supreme Court, interpreting the Marketable Title Act, held the owner's easement and right-of-way rights were enforceable.
• Regularly advise Fortune 500 clients in connection with claims arising out of their construction and design contracts and real estate leases.

Healthcare

• Currently advising hospital owners and other project participants in connection with claims arising out of the design and construction of new hospitals and medical campuses ranging in value from $800 million to $1 billion.

Agricultural

• Advised pork processing plant owner in connection with resolving claims arising out of design and construction of a $240 million plant. 

Summary of Representative Work

• Construction Defect and Design. Handled hundreds of construction defect and design claims, including collapse, failure, water intrusion, mold and product liability claims on projects ranging from $1 million to $2 billion. Lead Counsel for a global engineering company that was named in 120 lawsuits arising out of the 35W bridge collapse in Minneapolis.
• Construction and Design Contract Claims. Handled more than 100 delay, disruption, acceleration, differing site conditions, work scope, breach of warranty, payment, mechanics' liens, and surety claim on projects ranging from $5 million to $2 billion.
• Energy. Counseled energy clients on a broad range of issues, including contract negotiation, design/build procurement, dispute avoidance, and dispute resolution. As lead counsel, successfully prosecuted and defended against claims exceeding $1 billion arising out of the construction and design of a $2 billion 700-megawatt super-critical coal fired power plant in West Virginia. As lead counsel, successfully defended in arbitration multimillion dollar fraud claims against owner arising out of expansion of $100 million waste-to-energy facility.
• Public Private Partnerships (P3). Currently representing and serving as lead construction counsel to public authorities in design and construction-related disputes arising out of P3 transportation, infrastructure, and mixed-use projects, and, as lead trial counsel, secured a unanimous jury verdict in favor of public authority in one of the first P3-related jury trials in the U.S.
• Transportation. Currently representing public authority in a $2.2 billion rail project. Successfully resolved multimillion claims against MnDOT arising out of bridge and highway construction projects. Represented parties in various disputes arising out of the Hiawatha Light Rail project. Successfully represented contractors in disputes arising out of federal contracts with the Army Corps of Engineers.
• Mining. As lead counsel, obtained $3.9 million award in favor of royalty-holder. Currently representing mining operators regarding procurement and construction contracts and claims. 
• Insurance. Obtained over $500 million in coverage for construction and design defects, loss of use, and diminution in property value arising out of collapse, water intrusion, mold, improper construction, inadequate design, loss of use design and hazardous perils. Currently representing policyholder in a $35 million coverage dispute arising out of a large apartment complex development project.  
• Procurement and Bid Protests. Drafted RFPs for over $1 billion of public procurement contracts, including the NorthStar Commuter Rail and the Central Corridor Light Rail Transit projects. Represented clients in more than 30 bid protests.
• Manufacturing. Represented international EMS contract manufacturer in claims arising out of design and manufacture of components and assemblies for OEMs. 
• Contract Negotiation. Negotiated over $100 billion of design and construction contracts.
• Environment. As lead trial counsel, obtained complete defense verdict for highway contractor on contaminated soils in re Shafer Contracting, Inc. (Minn. State Dist. Ct.), MERLA (CERCLA) claims.
• Design Centers. As lead trial counsel in jury trial, obtained successful jury verdict arising out of Tier 111 Data Center's design and construction.