Matthew C. Collins

Affirmed district court judgment enforcing breach of contract and mechanics lien claims against residential property development and developer. S. M. Hentges & Sons, Inc. v. Mark Elliot Homes, LLC, et al., 2023 WL 125847 (Minn. Ct. App. 2023) Obtain dismissal of an improper interlocutory appeal. Hunt Electric Corporation v. Flint Hills Resources Pine Bend, LLC, et al., Minn. Ct. App., A20-0689 (May 6, 2020) Successfully upheld jury defense verdict on appeal and overturned district courts erroneous application of the Minnesota Prompt Payment Statute. Meyer Contracting, Inc. v. Fowler, et al., 2019 WL 2494782 (Minn. Ct. App. 2019) Overturned the assessment of sales/use tax by the Minnesota Department of Revenue on intra-company equipment use by general contractor. Knutson Constr. Servs. Rochester, Inc. v. Commr of Revenue, 2018 WL 3603024 (Minn. Tax July 16, 2018) Pre-suit negotiated settlement of a $9 million forced acceleration claim on a multi-faceted project involving light-rail, post-tension parking structure, and commercial building; and secured insurance coverage for $3 million of subcontractor claims Successfully arbitrated $2 million of claims involving fraud claims, partnership fiduciary claims, and construction defect claims arising out of construction of a hotel in the Bakken oil patch. 26th St. Hosp., LLP v. Real Builders, Inc., 879 N. W.2d 437 (N. D. 2016) Represented general contractor at trial and secured an $850,000 mechanics lien against property in downtown Minneapolis Successfully represented 300 million gallon a year ethanol plant in multi-million dollar design and construction management dispute on appeal before North Dakota Supreme Court, winning vacation of judgment below. Tharaldson Ethanol Plant I, LLC v. VEI Global, Inc., 845 N. W.2d 900 (N. D. 2014) Represented construction contractor on appeal before United States Court of Appeals for the Eight Circuit, winning reversal of jury award and vacation of judgment below. Graham Construction Services, Inc. v. Hammer & Steel, Inc., 2014 WL 2619717 (8th Cir. June 13, 2014) Represented general contractor in breach of warranty claim on appeal before the Ninth Circuit. Martin Const., Inc. v. Roscoe Steel & Culvert Co., 542 F. Appx 695, 696 (9th Cir. 2013) Represented condominium developer in arbitration and recovered $1 million in repair costs for defective construction Secured and collected $13.0 million arbitration award against foreign engineering and manufacturing conglomerate Tried foreclosure of five subcontractors mechanics liens totaling $2.03 million and successfully affirmed judgment on appeal. Minnwest Bank, M. V. v. All, Inc., et al., 2011 WL 781178 (Minn. Ct. App. 2011) Breach of contract litigation resulting in a judgment recovering lost benefit of bargain and lost profit damages in excess of $4 million. M. W. Johnson Const., Inc. v. Progress Land Co., 2008 WL 2967022 (Minn. Ct. App. 2008) Successfully foreclosed a $1.3 million mechanics lien on behalf of general contractor, including the recovery of all attorneys fees, costs and disbursements Obtained a zero defense jury verdict involving alleged breach of a brokers contract with claimed damages in excess of $750,000. Barnes v. Bouncebacktechnologies.com, Inc., 2009 WL 3255301 (Minn. Ct. App. 2009). Represented contractors in disputes with cities, counties, state agencies, and the federal government regarding payment, differing site conditions, delay claims, disruption claims, and other claims for payment Represented numerous owners, contractors, subcontractors, and suppliers in drafting and negotiating contracts for various types of project delivery systems, including: Construction contracts Subcontracts Design-build agreements Construction disbursement agreements Indemnity agreements Joint venture agreements Termination agreements Assignment agreements Arbitration agreements Settlement agreements Represented contractors and owners related to mechanics lien claims and other claims for payment Represented contractors and owners related to claims of defective work Represented contractors in claims against subcontractors, and subcontractors in claims against contractors Represented contractors and owners in claims seeking coverage under general liability builders risk, errors and omissions insurance policies Represented contractors in connection with bid protest claims Represented designers and owners related to claims of defective design