Hugh Brown

Hugh Brown

Dorsey & Whitney LLP

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Latest Publications


House Transportation Committee P3 Panel Calls for Central P3 Office

Introduction & Background - On September 17, 2014, the Transportation and Infrastructure Committee’s Panel on Public-Private Partnerships, a special panel of the US House of Representatives, issued a report in which it...more

9/25/2014 - Department of Transportation (DOT) Economic Development Infrastructure Procurement Guidelines Public Private Partnerships (P3s) Public Procurement Policies Public Property

North Dakota Supreme Court Establishes Defense to “No Damage for Delay” Clause

In June 2014, the North Dakota Supreme Court issued its decision in C&C Plumbing & Heating, LLP v. Williams County et al, No. 20130297. The Court articulated a new defense to the application of a “no damage for delay” clause....more

7/21/2014 - Construction Contracts Construction Disputes Contractors General Contractors No Damage For Delay No-Damages-For-Delay Provisions

State Funded Projects in Minnesota Now Require Use of “American-made steel”

On May 20, 2014, the Minnesota governor signed into law H.F 2490, ch. 294, article 2, sec. 22, 2013 Minn. Laws (the “Act”), which generally provided for appropriations for capital improvements for a range of projects,...more


Minnesota Legislature Establishes New Requirements for Public Contractors

On May 16, 2014, the Minnesota Legislature enacted a new statute that sets out several criteria for contractors bidding on public construction projects. The statute is effective as of January 1, 2015, and attempts to enhance...more

6/5/2014 - Construction Contracts Construction Workers Contractors General Contractors Procurement Guidelines Public Employers Public Procurement Policies Real Estate Development Subcontractors

Minnesota Court of Appeals Applies Common Law Procurement Principles to Best Value Contracting

In April 2014, the Minnesota Court of Appeals issued a published decision clarifying certain aspects of state procurement law. In Rochester City Lines, et al., v. City of Rochester, et al., No. A13-1477, the Court held that...more

5/7/2014 - Bid Protests Competitive Bidding Contractors Procurement Guidelines Public Procurement Policies

Supreme Court Upholds EPA’s Cross-State Air Pollution Rule

On April 29, the Supreme Court issued a 6-2 decision upholding EPA’s Cross-State Air Pollution Rule (often known as the “Transport Rule”) implementing the Clean Air Act’s “good neighbor” provision. That provision requires...more

4/30/2014 - Air Pollution Clean Air Act Environmental Policies EPA SCOTUS

Minnesota Supreme Court Tolls Payment Bond Deadlines for Fraudulent Concealment

On April 2, 2014, the Minnesota Supreme Court confirmed that fraudulent concealment of a cause of action by a principal on a surety bond will toll a contractual limitations period for claims against the surety. The Court’s...more

4/7/2014 - Bonds Fraudulent Concealment

Minnesota Court of Appeals Defines Substantial Completion Under Statute of Repose

On March 10, 2014, the Minnesota Court of Appeals issued its decision in Rosso v. Hallmark Homes of Minneapolis, Inc., No. A13-1304. The Court’s decision clarifies that Minnesota’s ten-year statute of repose for construction...more

3/14/2014 - Construction Contracts Construction Defects Construction Disputes Contractors Hallmark Statute of Repose

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