Mark William Vyvyan

Overview Mark is a litigator, known for winning important cases for his clients in areas like commercial landlord-tenant disputes, complex foreclosures, construction disputes, oil and gas litigation, and significant boundary and easement disputes. Although Mark is a litigator and focuses his practice on real estate disputes, he also has experience handling real estate transactions, which makes him a more effective litigator. Mark has tried cases for both plaintiffs and defendants in states across the Upper Midwest. Mark also mediates real estate-related matters, including residential and commercial construction disputes, commercial landlord-tenant matters and boundary and easement disputes. Mark is well-known for his hard work, responsiveness and expertise in achieving great results for his clients. Services Litigation Real Estate Litigation Banking & Financial Services Litigation Construction Energy & Natural Resources Real Estate & Construction Sports & Entertainment Debt Finance Finance & Securities Show More Show Less Experience Mark represented the lessee/operator in a dispute over whether an oil and gas lease had expired. After a three-day trial, the court found in favor of Marks client. After the trial, the lessors appealed to the North Dakota Supreme Court. Following oral argument, the Supreme Court adopted Marks reasoning and affirmed the trial courts decision. Mark and his team represented a well-known Minnesota nonprofit corporation in a dispute with a national telecommunications company. After nearly two years of litigation, and substantial discovery and motion practice, the court adopted Marks arguments and granted his clients motion for partial summary judgment. Soon thereafter, with most of the key issues decided, the case settled on terms very favorable to Marks client. Mark and his team represented a townhome builder that was the target of a construction defect lawsuit brought by the projects homeowners association. The association sought over $2 million in damages. Mark successfully argued for dismissal of the case on summary judgment. With its claims dismissed by the trial court, and facing the prospect of an award of attorneys fees against it, the association agreed to waive its appeal rights. Mark defended a golf course against a suit brought by its landlord seeking to evict the course from its leased premises and recover a judgment in excess of $2 million. After a five day trial in this bet the company case, Marks client prevailed on all claims and was awarded attorneys fees. Mark represented a local company in a suit to collect a significant amount of rent from its commercial tenant who vacated its premises claiming to have been unlawfully forced out. After a two day trial, the jury rejected the tenants claims and awarded Marks client every dime it had asked for. Another of Marks clients was the target of a claim that it had breached a purchase agreement to sell land for a major townhome development. The plaintiff sought damages from Marks client in excess of $6 million. After a three day trial, the court ruled for Marks client on all counts and awarded the opposition nothing. Mark represented an owner in a construction dispute in North Dakota. After a two-day trial, the jury found for Marks client and awarded the opposition nothing. Credentials Education University of Wisconsin Law School, J. D., 1997, cum laude University of Wisconsin, B. S., Political Science, 1994, with distinction Admissions Minnesota, 1997 Wisconsin, 1997 North Dakota, 2014 Arizona, 2016 U. S. District Court for the District of North Dakota, 2016 U. S. District Court for the Western District of Wisconsin, 1997 U. S. District Court for the District of Minnesota, 1998 U. S. Court of Appeals for the Eighth Circuit, 1998 U. S. Supreme Court, 2021 Recognition North Star Lawyer, Minnesota State Bar Association, 2023 Volunteer of the Year, Volunteer Lawyers Network, 2023 Minnesota Lawyer, POWER 30—Real Estate and Construction Law, 2021-2023 Minnesota Super Lawyers Rising Star, 2005-2009, 2011-2012 Order of the Coif Civic & Professional Professional Activities Minnesota State Bar Association State Bar of Wisconsin Hennepin County Bar Association Community Lafayette Club Racquet Sports Committee, Member, 2022-present Allison H. O. P. E. Foundation, Board Member, 2022-present MYAS-Certified Youth Basketball Official, 2021-present Volunteer Lawyers Network, Board Member, 2010-2016 Maple Grove Crimson Football Athletic Club, Board Member, 2016-2020, President, 2018-2020 Maple Grove Youth Football Association, Coach and Board Member, 2011-2016 News & Insights Legal Update10.30.2024Selling Darkness: Home Sellers and Traumatized Homes Legal Update10.10.2024Whose Benefit Is It Anyway? Understanding Homeowners Rights in Subcontractor Agreements Firm News06.24.2024Fredrikson Attorneys Recognized as 2023 North Star Lawyers News Firm News06.24.2024Fredrikson Attorneys Recognized as 2023 North Star Lawyers Firm News04.25.2023Litigation Attorney Mark Vyvyan Awarded Volunteer Lawyers Network Volunteer of the Year Firm News03.30.2023Brian McCool, Alyssa Troje and Mark Vyvyan Among Minnesota Lawyers POWER 30 in Construction and Real Estate Firm News06.30.2022Four Fredrikson Attorneys Among Minnesota Lawyers POWER 30 in Construction and Commercial Real Estate Firm News07.01.2021John Koneck, Brian McCool, Alyssa Troje and Mark Vyvyan Among Minnesota Lawyers POWER 30 in Construction and Real Estate Law Legal Updates Legal Update10.30.2024Selling Darkness: Home Sellers and Traumatized Homes Legal Update10.10.2024Whose Benefit Is It Anyway? Understanding Homeowners Rights in Subcontractor Agreements Legal Update03.12.2024No Super Lien for You: New Case on the Priority of HOA Liens in North Dakota Legal Update07.24.2023Residential Landlords Should Be Aware of Significant Changes to Minnesota Landlord/Tenant Law Legal Update06.01.2023Pending Legislation on Surpluses in Minnesota Mortgage Foreclosures Legal Update10.31.2022Haunted as a Matter of Law: Do Home Sellers Have to Disclose the Paranormal? Legal Update06.30.2022Can They Change the Rules Like That? A Look at Amendment of HOA Restrictions Legal Update03.31.2022Check Yourself, Before You Wreck Your Claim Legal Update01.07.2022Breaking the Covenants? A Way to Restrict Lakeshore Development Legal Update10.28.2021Would You Like the Implied Warranty? A Look at Disclaimers of the Home Construction Warranties Legal Update08.16.2021Changing the Rules of the Game: Is a Development Agreement Trumped by a Local Ordinance Amendment? Legal Update06.11.2021Use It or Lose It - Lapsing Mineral Rights Legal Update05.26.2021Minnesota Appeals Court Clarifies Borrowers Entitled to Surplus After Foreclosure by Action Legal Update03.29.2021No Harm, No Foul - Measuring Damages in Commercial Lease Cases Legal Update03.01.2021Potential Pitfalls for Agricultural Lenders Legal Update01.29.2021What Exactly Is a Garage? The Importance of Specificity in Real Estate Covenants Legal Update12.21.2020When in doubt, keep the money. A look at the voluntary payment doctrine. Legal Update11.04.2020Hard To Give Them Up - A High Standard For Abandonment Of Easement Rights Legal Update10.19.2020Whose Dirt (or Sand) Is It Anyway? Legal Update09.03.2020How Long Does the Crop Year Last? The Importance of Specificity in Agricultural Leases Legal Update09.01.2020Dealing with Distressed Properties and Loans - A Refresher Legal Update05.27.2020Check Your Texts or Emails Lately? You May Have Just Agreed to Sell Your House Legal Update05.20.2020Should We Lower Our Voices? The Misunderstood Covenant of Quiet Enjoyment Legal Update05.11.2020Who Was This Torrens Guy? And What Does He Have to Do With My Property? Legal Update04.28.2020Where Does the Oil Go? Cushing and Contango Legal Update04.20.2020Is Possession Really Nine-Tenths of the Law? Legal Update04.13.2020What Are Road Restrictions Anyway? Legal Update04.09.2020Home on the Range: A Look at the Open Range Doctrine in North Dakota Legal Update03.16.2020Springtime Water Issues in Minnesota Legal Update06.13.2017Would-Be Lumberjacks - A Look at Tree-Related Disputes Legal Update06.02.2017New Law Seeks to Lessen Condominium Construction Defect Claims Legal Update06.02.2014Real Estate Considerations for Managing the OREO on Your Books Publications & Presentations Presenter, Advising the Disadvantaged Client - Updates and Insights on Essential New Laws, Minnesota CLE, April 16, 2024 Presenter, Construction Defects and Disputes, Minnesota CLE: Construction Warranties, August 10, 2023 Author, Commercial and Residential Foreclosure by Advertisement and Reinstatement and Redemption (MN), Lexis Nexis Practical Guidance® Practice Note, 2023 Author, Commercial and Residential Foreclosure by Action (MN), Lexis Nexis Practical Guidance® Practice Note, 2023 Co-Presenter, I Didnt Think About That... A Look at 5 Issues That May Impact a Lakeshore Purchase, Minnesota CLE: Buying, Selling and Owning Lakeshore Property in Minnesota, June 10, 2022 Speaker, Mortgage Foreclosure: Foreclosure by Action, Minnesota CLE, February 16, 2021 Presenter, Construction Defects & Disputes, Hennepin County Bar Association CLE, December 17, 2020 Presenter, Minnesota Workouts and Foreclosures, Minnesota State Bar Association, December 2, 2020 Co-Presenter, Mortgage Foreclosures, Minnesota CLE: The Complete Real Estate Lawyer, July 23, 2020 Presenter, Minnesota Workouts and Foreclosures, Fredrikson & Byron Webinar, June 23, 2020 Presenter, Minnesota Workouts and Foreclosures, Hennepin County Bar Association Webinar, May 14, 2020 Presenter, Advising the Disadvantaged - Residential Eviction Defense, Minnesota CLE, March 19, 2012, February 26, 2013, February 19, 2014, February 4, 2015, March 7, 2016, March 29, 2017, March 20, 2018, March 12, 2019 and March 19, 2020 Co-Presenter, Construction Defects & Disputes—Warranties, Right to Inspect & Repair, and Preserving Evidence, Minnesota CLE, October 31, 2019 Presenter, Do Good Fences Make Good Neighbors? Fences and Boundary Issues, Minnesota CLE, June 6, 2019 Presenter, Fundamentals of Landlord-Tenant Law, Sterling Education Services, December 19, 2014 Presenter, Considerations for Managing the OREO on Your Books, Bank Holding Company Association Webinar, June 13, 2013 Speaker, Damages, Trespass, Trees and Punitive Damages, One Step Over the Line...Boundaries, Access & Surveys, June 3, 2011 Posts The Construction Counselor03.31.2022Check Yourself, Before You Wreck Your Claim The Construction Counselor01.07.2022Breaking the Covenants? A Way to Restrict Lakeshore Development The Construction Counselor10.28.2021Would You Like the Implied Warranty? A Look at Disclaimers of the Home Construction Warranties Show More Show Less