T: (305) 777-3572 vCard Miami bpatrick@wthf.com
Ben represents companies in the construction industry, including general contractors, engineers, architects, and sureties. He has represented companies varying in size from small contractors and design firms to ENR Top 50 Firms in mediations, litigations and arbitrations with claims ranging from under $100,000 to over $300,000,000.
Ben has represented clients on projects in every sector of the construction industry, including heavy civil (interstate highways, local highways and streets), industrial (manufacturing facilities, wastewater treatment plants, and pump stations), power and energy (ethanol refineries and combined-cycle power plants), commercial (mixed-use developments, mid-rise office towers, and retail developments), health care (hospitals and elder care facilities), education (universities, colleges, and primary schools), and residential (condominium construction and conversion, planned communities, and single-family homes).
Ben frequently counsels clients on insurance issues, including coverage questions, risk management, and contract requirements. Ben has counseled general contractors, designers, sureties, and industry trade groups across the country on insurance coverage questions for all major insurance products.
Ben is recognized for his thorough knowledge of intellectual property rights in the construction industry and has authored numerous articles on the subject. In 2004, Ben was counsel for the defendant architect in a very major construction copyright infringement lawsuit. Following three years of litigation and six weeks of trial, the jury returned a verdict finding no liability on the part of Ben's client.
An experienced litigator, Ben has represented his clients at every stage of litigation in state and federal courts across the country, as well as in arbitrations, mediations, and other alternative dispute resolution forums.
Honors
- Minnesota Law & Politics, selected as a Rising Star in Minnesota Law, 2004-2006
Memberships and Affiliations
- American Bar Association
- Forum on the Construction Industry
- Immediate Past Chair, Young Lawyer's Committee
- Division 4 (Project Delivery Methods) Steering Committee
- Litigation Section
Publications and Presentations
- Speaker: "The Brave New World of Defense Obligations in California," American Council of Engineering Companies Monthly Meeting, April 2011.
- Speaker: "Mitigation Opportunities from the Contractor's Insurance Coverage," Pearlman Association Annual Meeting, September 2009.
- Speaker: "How to Structure, Finance, and Implement Public Private Partnerships for Infrastructure Projects," Federal Publications Seminars, January 2009.
- Author: "Copyrights in Designs: Who Has What, What Do They Have, And Why,"
Construction Briefings
, August 2008.
- Speaker and author: "That's Mine! Termination Impact on Rights to Design, Special Equipment, Subcontracts and Materials," ABA Forum on the Construction Industry Annual Meeting, April 2008.
- Author: "Design Professional Work Product: Ownership and Protection,"
Design Professional and Construction Manager Liability Handbook
, 2007.
- Author: "Legislative Update,"
The Construction Lawyer
, Winter 2006.
- Chair: "AIA Contracts," Lorman Education Services, May 2006.
- Speaker: "Copyright Law for the Building Industry," Lorman Education Services, May 2006.
- Speaker: "Loss Prevention for Design Professionals," Lorman Education Services, February 2006.
- Author: "Last Things First: Streamlining the Construction Litigation Process,"
Construct!
, Winter 2005.
- Author: "The Added First Benefit Rule,"
The Construction Lawyer
, Summer 2004.
