Mark Heley

Mr. Heley is the founding partner of Heley, Duncan & Melander, PLLP, located in Minneapolis, Minnesota. He practices in the area of construction law and alternative dispute resolution. He represents clients in contract negotiations, risk management, claims and litigation matters, including work on landmark projects such as US Bank Stadium, TCF Bank Stadium, the Mall of America, Washington National Airport and the Hiawatha Light Rail Corridor.

Experience

Mr. Heley served on the Governing Committee of the American Bar Association’s Forum on the Construction Industry and is a Past Chair of the Minnesota State Bar Association Construction Section. He writes and lectures locally and nationally on a variety of topics, including construction contracts, alternative dispute resolution and risk management. Mr. Heley holds has been consistently recognized by Chambers USA and SuperLawyers magazine as a leading lawyer in construction law and ADR and in the Minnesota SuperLawyers top 100 list. Mr. Heley is a fellow in the American College of Construction Lawyers as well as the College of Commercial Arbitrators.

Work History

1. United States District Court, District of North Dakota, 1984-1986 (Law Clerk for Chief Judge Paul Benson)

2. Meagher & Geer, PLLP, 1986-2003; Associate, 1986-1992; Partner, 1992-2003;

3. Heley, Duncan & Melander, PLLP, 2003-Present Partner, 2003-present

Cases

1. Advance Iron Works v. F.J. Lewdensky and Underwriters Laboratories, Circuit Court of Illinois, Court File No. 02 CH 01611.

2. Maple Lakes of Maple Grove Townhome Association v. Landcor, Inc., American Arbitration Association File No. 65 110 J 00415 04

3. Short Elliott Hendrickson, Inc. v. Greg J. Homes, et al., Minnesota District Court, County of Goodhue, Court File No. 25-C3-04-001681

License(s)

1. Minnesota State Courts, 1984

2. United States District Court for the District of Minnesota, 1986

3. North Dakota State Courts, 1984

4. United States District Court for the District of North Dakota, 1984

5. Wisconsin State Courts, 1992

6. United States District Court for the District of Wisconsin, 1992

Education

Undergraduate: University of North Dakota, Bachelor of Arts, 1981

Law School: Hamline University School of Law, Juris Doctor, 1984

Publications

Publications and papers. 1. “Professional or Not: Limitation of Liability of Design Professionals,” 4 JOURNAL OF THE AMERICAN COLLEGE OF CONSTRUCTION LAYWERS 23 (Winter 2010). 2. “ConsensusDOC 240 – What You Don’t Know Can Hurt You,” CONSTRUCTION LAWYER, Winter 2010. 3. “Mediation of Construction Cases Using Blind Negotiations,” 34 WILLIAM MITCHELL L. REV. 273, 2007 4. “Design Internet Resources,” CONSTRUCTION LAWYER, January 2000. 5. “Design Professional Role in Termination of Contract,” CONSTRUCTION LAWYER, April 1997. 6. State-by-State Guide to Construction Law – North Dakota Chapter and Supplements, Aspen Publishers, 2002 to Present. Presentations concerning construction law topics. Title Sponsoring Organization Date

1. “Counsel’s Role in Mediation of Mechanics’ Lien Cases,” Minnesota Institute of Legal Education, September 2009

2. “Legal Considerations when Starting Your Own Architecture Firm,” AIA Minnesota, July 2009

3. “Forum 101 – Introduction to ABA Construction Forum,” ABA Forum on the Construction Industry, April 2009

4. “Mediation Preparation for Real Estate Contracts Cases,” Arthur Chapman Law Firm Claims Seminar, June 2008

5. “Residential Construction Defects,” Minnesota Institute of Legal Education, June 2008

6. “Lessons Learned - How the 1997 A201 Document Form has Fared after Ten Years,” ABA Forum on the Construction Industry. January 2008

7. “Recent Developments in Form Contracts – ConsensusDOCS 240,” Minnesota Institute of Legal Education, May 2008

8. “Mediation of Complex Commercial and Construction Cases,” American Bar Association, ADR Section, Annual Meeting, April 2007

9. “Mediation of Residential Construction Disputes,” Minnesota Institute of Legal Education, May 2005

10. “Construction From the Owner’s Perspective,” Governing Committee Program Liaison, ABA Forum on the Construction Industry, April 2005 11.

12. “Owner/Design Professional Contracts – Forms and Substance,” CLE Minnesota, 2005

13. “You’re Fired, I Quit: Termination of Construction Contracts,” Minnesota State Bar Association, Construction Section Annual Symposium (Program Chair), June 2003

14. “Standard Contract Forms: Do They Meet Client Needs?”, (Analysis of Design/Build Contract Forms), American Bar Association Forum on the Construction Industry Annual Meeting, Boston, April 2003

15. Who Owns the Design? What Design Professionals Should Know About Intellectual Property and Copyright,” Minnesota State Bar Association, Construction Section, 2002

16. “Owner Written Contracts v. AIA B141 – What Can We Learn?” American Institute of Architects – Minnesota, Annual Meeting 2001

17. “So You Want to be an Expert Witness,” Consulting Engineers Council – Minnesota, 2001

18. “The Danger of Transferred or Assigned Claims,” Victor O. Schinnerer 41st Meeting of Invited Attorneys, 2001

19. “Supplemental Conditions and Specifications,” AIA Minnesota Risk Management Conference and Construction Specifications Institute, 2001

20. “Compelling and Avoiding Arbitration,” Minnesota Institute of Legal Education, 2001

21. “Minnesota Construction Lawyers on Minnesota Construction Law,” Minnesota Institute of Legal Education, 2001

22. “Fragmented Design Issues in Design/Build,” American Bar Association Forum on the Construction Industry, Fall Meeting (Program Liaison), 2000

23. “Construction Law – What Do You Do When …?”, National Business Institute, 2000

24. “Design Professional Liability: Existing Law and New Directions,” American Bar Association Forum on the Construction Industry, Fall Meeting (Program Chair), 2000

25. “Legal and Practical Considerations for Construction Project Websites,” Harmony Group Toronto

26. “Design and Construction.Com: Electronic Documents,” Minnesota Institute of Legal Education, Annual Construction Institute, 2001

27. “B141-1997: The Next Generation,” Minnesota State Bar Association Construction Section Annual Symposium, 1999

28. “Design/Build in Minnesota: How and Why It Works,” Minnesota State Bar Association, Annual Convention, 1999

29. “Professional Liability Insurance: Coverage Issues,” Scottsdale Insurance Company, 1999

30. Design/Build Continuing Education, MSPE Conference and Annual Meeting, 1998

31. “Using Effective Communications and Written Documentation to Reduce Project Risk,” Consulting Engineers Council – Minnesota, 1998

32. “B141-1997: The Next Generation,” AIA Minnesota, 1998

33. “AIA Contract Documents: The Next Generation,” Minnesota State Bar Association Construction Symposium, 1998

34. “1997 AIA Form Contract Documents: What Engineers Should Know,” Consulting Engineers Council – Minnesota, 1998

35. “Trademark and Copyright Law for Marketing of Professional Service: Be Smart About Intellectual Property,” Minnesota Society for Marketing of Professional Services, 1997

36. “Defense Counsel’s Role in the Tripartite Relationship,” Victor O. Schinnerer, 36th Annual Meeting of Invited Attorneys, 1997

37. “Defense Counsel’s Role in the Tripartite Relationship,” 12th Annual Minnesota Construction Institute, 1997

38. “Generation Next: Revisions in the 1997 A201 General Condition of Contract,” American Bar Association/American Institute of Architects National Meetings, 1997

39. “Minnesota Construction Law: What To Do When You Want to Resolve a Dispute,” National Business Institute 1996

40. “So You Want to be an Expert Witness?”, American Institute of Architects, National Convention and Expo, 1996

41. “The Use of Computer Automation in Litigation,” Minnesota Institute of Legal Education, Tenth Annual Minnesota Construction Institute, 1996

42. “The Use of Computer Automation in Litigation,” presented to the Consulting Engineers Council of Minnesota, 1995

43. “Contract and Sales Law: The Impact of Statutory Provisions on Contractual Rights and Obligations,” 43rd Annual Convention of the North Central Electrical League, 1995

44. “The Americans with Disabilities Act: Key Provisions Affecting Public Entities,” Presentation to City of Mountain Iron City Council, 1995

45. “Assignment of Claims in Minnesota,” Minnesota Institute of Legal Education, 9th Annual Construction Institute, 1994

46. “Understanding Alternate Dispute Resolution – How, When, and Why to Use ADR,” 1994 Construction Expo, Minneapolis, Minnesota

47. “Preventive Measure – Ten Ways to Reduce Your Liability Exposure,” (presented inhouse to architecture/engineering firms), 1993

48. “Minnesota Construction Law: What Do You Do When You Want to Get Paid,” National Business Institute, 1992

49. “Minnesota Construction Law: What Do You Do When You Want to Get Resolve a Dispute,” National Business Institute, 1992

50. “Minnesota Statute of Limitations for Claims Arising from De

Awards

1. SuperLawyer, 2001 to Present

2. SuperLawyer Top 100 (All Practices, All lawyers) 2005, 2006, 2010 - 2012, 2014-Present ;

Panels

Construction Industry Panel of the American Arbitration Association;

Associations

1. Minnesota State Bar Association, 1984 to Present,

-Governing Council, Construction Section; 1995 - 1998 -Secretary, Construction Section, 1998 - 1999 -Treasurer, Construction Section, 1999 - 2000 -Chair Elect, Construction Section 2000 - 2001 -Chair, Construction Section 2001 - 2002

2. North Dakota State Bar Association, 1984-Present, None

3. Wisconsin State Bar Association, 1991 to Present, None

4. American Bar Association, 1986 to Present

5. Forum on the Construction Industry, Governing Committee, 2003-2006

- Construction Forum, Division 3 (Design) Steering Committee 1996 – 2000 - Construction Forum, Division 3 (Design) Chair 2000-2002 - Construction Forum, Governing Committee 2003-2006 - Publications Committee Chair 2006-2007

6. College of Commercial Arbitrators, 2009 to Present,

CCA Board of Directors, 2010 -2013; 2014-2017

7, American College of Construction Lawyers, 2010 to Present