Shareholder
Practice Areas
- Construction
- Architectural and Engineering Liability
- Arbitration and Mediation
- Surety Law
- Insurance Law
- Civil Litigation
Practice Summary
Negotiated and drafted hundreds of contracts for project owners, contractors, designers, design-builders and subcontractors utilizing all types of project delivery systems (design-bid-build, design-build, construction management, and integrated project delivery) on private and public projects in numerous states, including American Indian-owned and sales-tax exempt projects.
Represented clients in mediation, arbitration and litigation in state and federal court, obtaining million-plus and multi-million dollar awards and settlements.Prosecuted and defended against claims and disputes involving bid mistake/protest, delay/disruption/acceleration, changed conditions, mechanic’s liens, payment/performance bonds, professional liability, personal injury, property damage, insurance coverage, OSHA, copyright infringement and franchising.
In all matters (transactions and litigation), represented all types of construction industry participants (project owners, contractors, designers, design-builders, subcontractors, suppliers, sureties and insurers) engaged in projects in all industry sectors (commercial, industrial, energy, manufacturing, medical, road, bridge, utility and residential), including Atlas Foundation Co., BDA Architecture, Bor-Son Construction Company, Ankeny Kell Architects, City of Brooklyn Center, City of Northfield, City of Olivia, Clark Engineering, Gephart Electric Company, Gilbert Mechanical Contractors, Independent School District 621, James Steele Construction Company, Knutson Construction Services, Magney Construction, Inc., Miller Architects & Builders, North Dakota Natural Beef, Northern Industrial Erectors, Roers' Construction, Thein Well Company, and Tri-State Drilling.
Professional Organizations & Recognitions
Member, Minnesota and Dakota County Bar Associations
Member, American Bar Association, Forum on the Construction Industry
Member, MSBA Colleague Panel on Alternative Dispute Resolution, Construction Law and Mechanic's Liens
Member, Minnesota Utility Contractors Association
AV Preeminent (5.0 out of 5) Rated by Martindale-Hubbell
Judicial Clerkship
Law Clerk, Senior Judge Edward J. Devitt, U.S. District Court, Minnesota, 1986-1988
Admissions
Minnesota State Courts
United States Court of Federal Claims
United States Court of Appeals, Eighth Circuit
United States District Court, North Dakota
United States District Court, W. Dist. Wisconsin
United States District Court, Minnesota
Selected Publications & Speeches
Author, Fifty State Contractor and Design Professional License Law, Chapter 26, Minnesota, Aspen Law & Business (2011)
Author, Mechanics' Liens Under Minnesota Law, Construction Lending news (2011)
Author/Lecturer, Construction Claims Litigation, presented to Minnesota Society of Certified Public Accountants (2010)
Author/Lecturer, A201-2007 Review, presented to Construction Specifications Institute, Minneapolis-St. Paul Chapter (2009)
Author/Lecturer, Contractors' Rights & Remedies, presented to Minnesota Utility Contractors Association (2007)
Author/Lecturer, Claim Prevention for Design Professionals in Minnesota: How to be Part of the Solution, Not the Problem, presented to Lorman Education Services (2002)
Contributing Author, Fifty State Construction Lien and Bond Law, Aspen Law & Business (2000)
Author/Lecturer, The Construction Process, presented at Commercial Real Estate Transactions III (Minnesota Institute of Legal Education, 1999)
Author/Lecturer, Foreclosing Mechanic's Liens and Suing Out Payment Bond Claims, presented at Mechanic's Liens & Payment Bonds (Minnesota Institute of Legal Education, 1999)
Author/Lecturer, Tools for Collecting Payment--Contract Terms, Mechanic's Liens & Payment Bond Claims, presented to Minnesota Electrical Association's Business Seminar (1997)
Author/Lecturer, Construction Claims: From Recognition to Recovery, presented to Minnesota Utility Contractors Association (1997)
Contributing Author, Avoid Costly Sub Claims Against You When Owner's at Fault, Construction Company Strategist, Oct. 1996, page 1
Author/Lecturer, Limiting Your Liability as a Design Professional, presented to Minnesota Society of Professional Engineers (1996)
Author/Lecturer, Owners' Time-Related Rights & Liabilities, presented to Construction Professionals in Retail (1996)
Author/Lecturer, Encouraging Prompt Payment, presented at Minnesota Construction Law Seminar, Lorman Educational Services (1996)
Author/Lecturer, Design-Build for Electricians in Minnesota, presented to Minnesota Electrical Association (1995)
Author/Lecturer, Collecting Payment--The Other Half of the Job, presented to Minnesota Utility Contractors Association (1995)
Lecturer, Construction and Design Law, Mankato State University (1992)
Co-Author and Lecturer, Construction Bonds, Liens and Insurance Under Minnesota Law, presented for The Oxford Group (1990)
Author/Lecturer, Claims and Disputes During Construction, presented to M.S.A.I.A./U.M.C.A. Architectural Practice Seminar (1990)
Author/Lecturer, Delay, Suspension and Acceleration, presented to MWBE Seminar, Minnesota Department of Transportation (1989)
Author, Rule 11: Scalpel or Cudgel? Seeking Sanctions Under FRCP 11, Bench & Bar of Minnesota, Oct. 1988, page 19
Author/Lecturer, Contribution and Indemnity in Minnesota Workplace Injury Cases, presented to Products Liability Seminar (1986)
Author, Bankruptcy: Can it Save the Family Farm?, 11 William Mitchell Law Review 1019 (1985)
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Stephen A. Melcher | Shareholder
smelcher@fwhtlaw.com
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EducationJ.D., cum laude, William Mitchell College of Law, 1986
EventsContact
LaSalle Plaza
800 LaSalle Avenue Suite 1900 Minneapolis, MN 55402 (ph.) 612 359 7600 |
Practice SummaryNegotiated and drafted hundreds of contracts for project owners, contractors, designers, design-builders and subcontractors utilizing all types of project delivery systems (design-bid-build, design-build, construction management, and integrated project delivery) on private and public projects in numerous states, including American Indian-owned and sales-tax exempt projects.
Represented clients in mediation, arbitration and litigation in state and federal court, obtaining million-plus and multi-million dollar awards and settlements.Prosecuted and defended against claims and disputes involving bid mistake/protest, delay/disruption/acceleration, changed conditions, mechanic’s liens, payment/performance bonds, professional liability, personal injury, property damage, insurance coverage, OSHA, copyright infringement and franchising.
In all matters (transactions and litigation), represented all types of construction industry participants (project owners, contractors, designers, design-builders, subcontractors, suppliers, sureties and insurers) engaged in projects in all industry sectors (commercial, industrial, energy, manufacturing, medical, road, bridge, utility and residential), including Atlas Foundation Co., BDA Architecture, Bor-Son Construction Company, Ankeny Kell Architects, City of Brooklyn Center, City of Northfield, City of Olivia, Clark Engineering, Gephart Electric Company, Gilbert Mechanical Contractors, Independent School District 621, James Steele Construction Company, Knutson Construction Services, Magney Construction, Inc., Miller Architects & Builders, North Dakota Natural Beef, Northern Industrial Erectors, Roers' Construction, Thein Well Company, and Tri-State Drilling. Professional Organizations & RecognitionsMember, Minnesota and Dakota County Bar Associations
AV Preeminent (5.0 out of 5) Rated by Martindale-Hubbell Judicial ClerkshipLaw Clerk, Senior Judge Edward J. Devitt, U.S. District Court, Minnesota, 1986-1988 AdmissionsMinnesota State Courts
Selected Publications & SpeechesAuthor, Fifty State Contractor and Design Professional License Law, Chapter 26, Minnesota, Aspen Law & Business (2011)
Author, Mechanics' Liens Under Minnesota Law, Construction Lending news (2011)
Author/Lecturer, Construction Claims Litigation, presented to Minnesota Society of Certified Public Accountants (2010)
Author/Lecturer, A201-2007 Review, presented to Construction Specifications Institute, Minneapolis-St. Paul Chapter (2009)
Author/Lecturer, Contractors' Rights & Remedies, presented to Minnesota Utility Contractors Association (2007)
Contributing Author, Fifty State Construction Lien and Bond Law, Aspen Law & Business (2000)
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