Paul joined the firm in 2007 and is a member of both the firm’s Litigation Section and Business Section. Paul's litigation practice emphasizes the areas of construction law and complex commercial litigation with an emphasis on construction litigation, construction contracts, and mechanic’s lien enforcement. He represents owners, design-builders, contractors, subcontractors, and design professionals, as well as homeowner associations and governmental entities. His industry experience includes medical facilities, educational and commercial buildings, and a variety of publicly funded multi-use projects. Paul’s clients include local business owners and individuals in construction defect claims, breach of contract claims, and other business disputes. In addition, Paul represents lenders in work outs, foreclosure actions, and in bankruptcy and has experience in pursuing post-judgment remedies.
As a member of the firm’s Business Section, Paul drafts, reviews, and negotiates contracts for design and construction, and serves as counsel for a wide range of owners, developers, design-builders, and contractors regarding those contracts. Paul’s contract review experience includes both modified standardized form agreements and manuscript construction documents for private and public projects. His unique perspective, gained from broad experience in dispute resolution and problem-solving, helps Paul craft contracts that prevent problems for his clients.
Paul has successfully brought and defended cases before arbitrators as well as in both court trials and jury trials. He has also been involved in successful appeals to both the United States Court of Appeals for the Eighth Circuit and the South Dakota Supreme Court.
Cash, Check, Credit Card
|SD||Authorized to practice law||2007||11/12/2013|
|Award Name||Grantor||Date Granted|
|Joseph N. Spencer III Award – Best Contribution to Volume 51||South Dakota Law Review||2006|
|Attorney||Boyce, Greenfield, Pashby & Welk, LLP||2007 - Present|
|Association Name||Position Name||Duration|
|Sioux Falls Chamber of Commerce||Leadership Sioux Falls||2010 - 2011|
|American Bar Association, Forum on the Construction Industry||N/A||2009 - Present|
|Rotary South Sioux Falls||N/A||2009 - Present|
|South Dakota Defense Lawyers Association||N/A||2008 - Present|
|Defense Research Institute, Construction Law Committee||N/A||N/A|
|South Dakota State Bar||Business Law Committee||N/A|
|J.L. Ward Associates, Inc. v. Great Plains Tribal Chairmen's Health Board||Obtained arbitration award for client.|
|NattyMac Capital, LLC vs. Pesek||N/A|
|O'Meara v. Inn on Westport||Jury award for client.|
|See all Legal Cases|
|South Dakota Law Review||Kelo v. New London: A Divided Court Affirms the Rational Basis Standard of Review in Evaluating Local Determinations of ‘Public Use’||2006|
|University of South Dakota School of Law||N/A||JD/MBA - Juris Doctorate and MBA||2007|
|Bethel College (St. Paul, MN)||Economics & Finance||BA - Bachelor of Arts||2004|
|Succession Planning for||Entity Selection||2012|