Leibel, Alan S.

Tom Vollbrecht has over 25 years of experience resolving surety, fidelity, construction and commercial claims and disputes on a local, regional and national basis. Tom’s practice includes:

·                     Bid Protests. Tom frequently represents bidders challenging and defending awards of public construction contracts inside and outside of Minnesota, including Tom’s representation of the successful bidder for the I-35W bridge replacement project in the premier reported decision involving “best value” procurements.  Sayer v. MnDOT and Flatiron-Manson, 790 N.W.2d 151 (Minn. 2010). Tom has also successfully represented bidders for other public procurements, such as information/telecommunication systems, a state-wide automated fingerprint system and a state-wide teacher assessment and certification program.

·                     Surety Claims. Tom represents sureties on performance and payment bond claims. As examples:  the surety for a defunct steel erector on the Polk County Events Center in Des Moines, Iowa against multi-million dollar delay, disruption and acceleration claims, the surety for a roofing subcontractor on an Indiana steel mill plant against similar claims, and the surety for a defaulted demolition contractor in Duluth, Minnesota on a project requiring rebidding and substitution of a replacement contactor. See also Liberty Mutual Ins. Co. v. Mandaree Public School Distr. No. 36, 503 F.3d 709 (8^th Cir. 2007) (defeated motion to compel arbitration of unique surety defenses).

·                     Fidelity claims. Tom represents fidelity carriers in the investigation, litigation and resolution of claims. As examples:  Ohio Sav. Bank v. Progressive Ins. Co., 521 F.3d 960 (8^th Cir. 2008) (summary judgment against mortgage lender’s Insuring Agreement (E), Fraudulent Mortgage Rider and misrepresentation claims); Winthrop and Weinstine, P.A. v. Travelers Cas. and Surety Co., 187 F.3d 871 (8^th Cir. 1999) (summary judgment based on late notice against law firm’s misappropriation claims); and Johnson Bros. Liquor Co. v. The Home Indemnity Co., Minn. Ct. App. C6-1099, C6-1100, C6-1101 (Unpublished, 1996) Summary judgment against liquor wholesaler’s misappropriation claims based upon illegality of alleged underlying contracts).

·                     Construction disputes. Tom represents contractors, subcontractors, materials suppliers and others on construction defect and payment/performance claims. As examples, representation of the contractor on a New Mexico wind farm project against multiple subcontractor and supplier payment and performance claims, preparation of affirmative delay, disruption and acceleration claims for the contractor on a Mankato, Minnesota power plant project, and representation of the developer of two high-end condominium projects in downtown Minneapolis facing mold, repair, relocation, delay and disruption claims in a 50+ day arbitration and related litigation.     

Tom is a Vice Chair of the ABA Fidelity and Surety Law Committee and the editor-in-chief of its Newsletter. He is a contributing author to several ABA/FSLC books on performance and payment bonds. He also frequently writes for and speaks to professional organizations, including the ABA/FSLC, the Fidelity Law Association, CFMA, AIA, Minnesota Construction Association and the Surety Claims Institute.  He is a graduate of Harvard Law School, J.D. 1986, and St. John’s University (Collegeville, Minnesota), B.A. cum laude, 1982.