Patrick Miller's practice focuses on construction law and real estate litigation. He has significant design-build and P3 procurement expertise and extensive experience with heavy civil and highway construction, process projects, and real estate development. Patrick's practice areas include:
Design-Build and P3 Projects and Procurement
Patrick serves on the Design-Build Institute of America's National Legal Committee and is one of few lawyers in the nation approved to teach DBIA's Contracts and Risk course. His representative engagements include:
Represents short-listed developers and design-build joint ventures responding to P3 solicitations on the Illiana Expressway, I-69 Section 5, the Indianapolis Justice Center and other P3 transactions.
Lead counsel representing an Illinois municipality during procurement of design-build services for ultra-violet water treatment systems.
Lead counsel in arbitration of claims arising out of an EPC contract to design and construct multiple frac-sand processing facilities.
Lead counsel representing private water utility in development of integrated design procurement and contract documents for the design and construction of a new ground water treatment plant.
Lead counsel representing municipality in dispute to remediate defective membrane filtration system in $50 million water treatment plant on Lake Michigan designed to process 17.3 million gallons per day.
Lead counsel in preliminary injunction proceedings in first-ever award protest under Indiana's public design-build procurement statute.
Co-counsel representing design-build joint venture in arbitration of eight-figure delay and disruption claims on P3 tollway project.
Construction and Real Estate Litigation
In addition to his design-build expertise, Patrick handles a variety of construction and real estate disputes in Chicago, Indiana and throughout the country. His representative engagements in this area include:
Lead counsel representing contractor in successful trial of seven-figure change and delay claim on public highway project.
Representation of Chicago high-rise developers in construction defect matters.
Representation of private equity funds and REITs in litigation throughout the country.
Representation of lenders in commercial foreclosure and workout litigation throughout the Chicagoland area.
Honors
Faegre Baker Daniels — Pro Bono Honor Roll, 2014-15
Moot Court Executive Board
Corporate Law Moot Court Competition — Coach and First-Place Overall Team, 2002; Participant, 2001
National Health Law Moot Competition — Participant, 2001
Professional Associations
Indiana State Bar Association
Illinois State Bar Association
State Bar of Wisconsin
American Bar Association — Forum on Construction Industry; Litigation Section: Construction Litigation Committee and Subcommittee on Damages (Co-Chair)
Civic Activities
Steppenwolf Theatre Corporate Council — Steering Committee
Presentations
P3: Water Supply Issues & Models for Successful Water Collaboration
Co-presenter, 2015 Water Conference, Faegre Baker Daniels, Indianapolis, 2015
Design-Build Contracts and Risk
Design-Build Institute of American, Multiple Offerings Every Year
3rd Annual Development and Construction Summit
Moderator, Bisnow Chicago, 2015
Current Issues in Sustainable Design and Construction
Halfmoon Education, 2013
Illinois Construction Case Law Update
Faegre Baker Daniels Construction Seminar, 2013
Integrated Project Delivery Solutions for Illinois Home Rule Communities and Municipalities
Faegre Baker Daniels Construction Seminar, 2012
Mind Your RFP's and RFQ's: Case Studies in Recent Design-Build Award Protests
DBIA National Conference, 2012
UV Disinfection and Design Build: Thinking Outside of the Box
Water Environment Federation Technical Exhibition and Conference (WEFTEC), New Orleans, 2012
Successful Teaming: Turning Sticks and Stones into Bricks and Mortar
DBIA National Convention, 2011
Drafting and Negotiating LEED Design and Construction Contracts
U.S. Green Building Council-Chicago Chapter, 2010-11
One Contract, One Integrated Team
DBIA-Chicago, 2011
Masterminding the Best Design-Build and IPD Contracts
AIA-Chicago, 2011
Choosing the Best Design-Build Contract: A Comparison of DBIA, AIA and ConsensusDOCS Design-Build Contracts
Design-Build Institute of America – Great Lakes Region, 2010
Successful Design-Build Competitions: What Public Agencies and Design-Builders Need to Know
Faegre Baker Daniels Webinar, 2010
Legal Trends, Incentives and Best Practices in Going Green
Association of Indiana Counties Annual Meeting, 2008
Cutting Edge Design and Construction Risks (IPD, BIM and Green)
CSI Indianapolis Annual Trade Show, 2008
Winning Design-Build Competitions (Moderator)
Design-Build Institute of America, Great Lakes Region, 2008
The 2007 AIA Documents
Mechanical Contractors Association of Indiana, 2008
Contract Claims Management: Avoidance, Recognition, Documentation
Indiana Construction Association Annual Meeting, 2007
Bringing the Public Law to Life: Best Practices for Public Design-Build in Indiana Water and Wastewater Projects
Indiana Water Environment Association, Annual Conference, 2007
Indiana University's Service Building: A Design-Build Project (Moderator)
Design-Build Institute of America Great Lakes Region All-Industry Event, 2007
How to Write Letters and E-Mails on Projects (That Don't Drive Your Lawyer Crazy)
Faegre Baker Daniels, 2007
The Construction Project, Law and Claims
Indianapolis Chapter of the Construction Specifications Institute Seminar, Indianapolis, 2007
Water and Sewer Construction Inspection Course
Indiana Water Environment Association, Indianapolis, 2005 and 2006
Ask Me What's Great About America
Indiana State Bar Association, Indianapolis, 2005
Published Articles
Mind Your RFPs and RFQs: Avoiding Common Mistakes in Public Design-Build Procurement
Monticello, Quarterly Journal of the Jefferson Society, April 11, 2015
The AIA Document B101-2007: Major Implications of AIA's New Owner/Architect Agreement
Indiana Construction Cites, Indiana State Bar Association, Fall 2008
Public Design-Build In Indiana: A Common Sense Guide To Procurement Under Indiana's Public Design-Build Statute
Faegre Baker Daniels, 2007
Understanding the Limits of the Spearin Doctrine: Are Design-Builders Out of Luck?
Indiana Construction Cites, Indiana State Bar Association, Vol. 3, Issue No. 3, Fall 2007
Breaking Down and Managing the e-Discovery Process (Co-author with Lisa Berry-Tayman and Jeffery M. Stovall)
American Bar Association Section of Litigation, September 2007
Evidentiary Framework for Enhancing of Refuting Contractor Claims
Construct!, ABA Section of Litigation, Construction Litigation Committee, Vol. 16 No. 1, Fall/Winter 2006
Mutual Responsibility and the Allocation of Risk Among Parallel Prime Contractors (Co-author)
Construct!, ABA Section of Litigation, Construction Litigation Committee, Vol. 15 No. 3, Spring 2006
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