Attorney Brian W. Mullins

Brian W. Mullins

Partner
Lori Verdon
608.283.6792

About

Brian Mullins is a partner at the firm and founding member of the firm’s Construction Law Team. He is also a member of the firm’s Litigation Practice Group and Business Practice Group. Mr. Mullins’ practice focuses on construction and real estate transactions, contracts and resolution of claims and disputes. He is experienced in civil and commercial claims, mediation, arbitration, dispute review board and litigation matters.

Mr. Mullins has over 35 years of experience as an attorney and advocate for owners, developers, contractors, subcontractors, suppliers, insurers and sureties. He has been the lead attorney for principals involved in many of the largest private and public projects in Wisconsin.

Mr. Mullins was one of the founding members of the 50 State Network of Lien and Bond Attorneys. Mr. Mullins has been instrumental in the development of construction law in Wisconsin and has been named to the International Who’s Who of Construction Lawyers. He has been selected in nearly every statewide survey of lawyers as one of the state’s top construction and real estate lawyers, including being recognized by Best Lawyers® as a “Lawyer of the Year” in 2012, 2013, 2014, 2015, 2017 and 2018. He is a graduate engineer and has for the past 20 years received an AV Preeminent® rating from Martindale-Hubbell® Peer Review Ratings™.

Mr. Mullins has represented and counseled owners, developers, contractors and suppliers on large Wisconsin private developments and public works projects in connection with municipal and government approvals, public and private financing, development agreements, zoning, bid disputes, construction contracts, construction claims, dispute resolution and legal affairs. For example, Mr. Mullins was the lead attorney in the recent development of the Amazon distribution center in Kenosha, one of the largest construction projects in the history of Wisconsin.

Mr. Mullins is experienced in representing clients in mediation, arbitration and litigation of construction and real estate matters. He has also served as a mediator and an arbitrator of numerous construction and real estate disputes. Mr. Mullins was a member of the Dispute Review Board for the Core and South Leg components of the Marquette Interchange; and was the chair and a member of two Dispute Review Boards for the Zoo Interchange project.  Both projects are among the largest public works projects in the history of Wisconsin.

Mr. Mullins has substantial experience in property assessment reductions and objections, commercial real estate, condominium development, commercial construction, construction contracts, construction claims and defects, differing site conditions, extras, delay claims, design-build project delivery, insurance coverage and defense, heavy highway and transportation, environmental matters, public construction (hospitals, schools and other facilities), leasing, real estate transactions, and tax incremental financing.

Admitted to practice in Wisconsin, the United States District Court for the Eastern and Western Districts of Wisconsin, the United States District Court for Minnesota, the United States District Court for the Northern District of Illinois and the United States Court of Appeals for the Seventh Circuit.

Education

J.D., University of Wisconsin Law School
B.S., Civil and Environmental Engineering, University of Wisconsin-Madison

Involvement & Recognition

Involvement:

  • Former Vice Chair, Section of Public Contract Law, American Bar Association
  • Member, Board of Directors, Past Chair, Founding Member Construction and Public Contract Law Section, State Bar of Wisconsin
  • Member, American Council of Engineering Companies of Wisconsin
  • Member and Chapter Attorney, Associated Builders and Contractors of Wisconsin
  • Member, Associated General Contractors of Wisconsin
  • Past Member, General Board of Directors, Associated General Contractors of Wisconsin
  • Past President, Associate Board of Directors, Associated General Contractors of Wisconsin
  • Past Board Member, Central Madison Business Improvement District
  • Member, Construction Financial Management Association
  • Member, Madison Area Builders Association
  • Member, Surety Association of Wisconsin
  • Member, Wisconsin Builders Association
  • Member, Wisconsin Earth Movers Association
  • Board Member, Associate Council, Member, Wisconsin Transportation Builders Association
  • Member, Wisconsin Transportation Builders
  • Member, Wisconsin Underground Contractors Association
  • Lecturer, “Legal Aspects of Engineering,” University of Wisconsin College of Engineering

Recognition:

  • Named a top Construction and Real Estate Law lawyer in Madison in The Best Lawyers in America®
  • Named by Best Lawyers® as the 2018 Construction Law “Lawyer of the Year” in Madison
  • Named by Best Lawyers® as the 2017 Litigation-Construction “Lawyer of the Year” in Madison
  • Named by Best Lawyers® as the 2015 Construction “Lawyer of the Year” in Madison
  • Named by Best Lawyers® as the 2014 Real Estate – Litigation “Lawyer of the Year” in Madison
  • Named by Best Lawyers as the 2013 Construction and Real Estate “Lawyer of the Year” in Madison
  • Named by Best Lawyers® as the 2012 Litigation-Construction “Lawyer of the Year” in Madison
  • Named to the 2005 – 2017 Wisconsin Super Lawyers Lists (Primary Area of Practice: Construction Litigation Law and Real Estate)
  • Named Madison’s top Construction Law attorney by Madison Magazine
  • AV Preeminent® Peer Review Rated by Martindale-Hubbell® Peer Review Ratings™
  • Named to the International Who’s Who of Construction Lawyers by The Who’s Who of Business Lawyers

Client Successes

Served as the Developer’s lead legal counsel in connection with an expedited and complex approval, construction and delivery process, including public-private collaborative efforts with the City of Kenosha, the State of Wisconsin, and the end user. The project is one of the largest in Wisconsin and includes new buildings with over two million square feet of floor space, serves as the workplace of over 2000 employees, and had construction costs in excess of $250,000,000. The timeline from site selection, municipal and State approvals, permitting, construction and opening a completed and operating facility was less than 18 months.

Brian Mullins
Construction

Board Member of Dispute Review Board (DRB) for the Zoo Interchange project, the largest public works project in the state.

Brian Mullins
Litigation, Mediation & Arbitration

Representation of a bidder on a Bid Protest relating to a three-year contract to supply laptop and desktop computers and equipment to the State of Wisconsin.

Represents owners, general contractors, subcontractors and sureties in claims, litigation and other disputes on public and private projects

Regularly represents clients on contract negotiations, performance issues and claims avoidance and resolution

Represents public owners in prosecuting claims in connection with failed public improvements.

Represents owners in commercial real estate developments and transactions, and in disputes relating to deficient design and construction

Represents clients in litigation as well as alternative dispute resolution (ADR) proceedings, including arbitration and mediation

Brian Mullins
Litigation, Mediation & Arbitration

Serves as a third-party neutral and as an arbitrator and mediator of construction and real estate disputes

Brian Mullins
Litigation, Mediation & Arbitration

Insights

Other Presentations & Publications
Article: "What Is the Difference Between Engineering and Drafting?" Axley.com
Presentation: "Cost Plus Public Work." Construction Financial Management Association (CFMA) Legal Update
Presentation: "Industry Legal Update." Wisconsin Transportation Builders Association Contractor–Engineer Conference
Article: "I am an Entrepreneur With an Idea; What Do I Need to Know to Start My Company?" The Verona Press
Speaker, "Key Legislative Issues Affecting Construction," Construction Financial Management Association.
Speaker, "Entrepreneurism in Construction, Development and Engineering," MAGNET.
Speaker, "Managing Subcontractor Risk," Associated General Contractors.
Speaker, “Managing Compression Costs.” American Subcontractors Association.
Speaker, “Legal Aspects of Mold Litigation: Minimizing Liability and Claims.” American Society of Civil Engineers.
Speaker, “Handling Major Claims and Disputes." Associated Builders and Contractors.
Speaker, “Effective Construction Contract and Field Administration.” University of Wisconsin Professional Development Department.
Speaker, “Construction Contracts: The Contractor's View.” Associated General Contractors.
Speaker, “Conditions; Changes in Scope.” Defense Research Institute/Fidelity and Surety Committee.
Speaker, “Claims and Defenses: Disruptions, Delays, Acceleration; Differing Site.”
Speaker, “Best Practices for Construction Contractors.”
Speaker, "Design-Build: Opportunities and Risks." Wisconsin Association of Consulting Engineers.
Speaker, “An Enhanced View of Risk-Sharing for Construction Projects.” Construction Financial Management Association.
Speaker, "What Contractors Should Know About Mold." Construction Financial Management Association.
Speaker, "Summary of Wisconsin Construction Lien and Public Works Payment Bond Law." Associated Builders and Contractors.
Speaker, "Legal Considerations Regarding Mold." Associated General Contractors.
Speaker, "Legal Considerations in Private Development of Public Projects." University of Wisconsin Professional Development Department.
Speaker, "Interpretation and Enforcement of Construction Contracts." University of Wisconsin College of Engineering.
Speaker, "Getting Work and Staying Out of Trouble - Legal and Practical Tools for Success." Associated Builders and Contractors.
Speaker, "Differing Site Conditions." University of Wisconsin Professional Development Department.
Speaker, "Construction Liens and Lender Priorities." State Bar of Wisconsin.
Co-author, “Wisconsin Construction Law.”
Co-author, “Using a Mechanic’s Lien to Get Your Money.”
Co-author, “Solving Water Intrusion and Mold Problems.”
Co-author, “Resolving Problems and Disputes on Construction Projects.”
Co-author, “Mold Litigation: Minimizing Liability and Mold Claims.”
Co-author, “Drafter’s Guide to Wisconsin Condominium Documents.”
Co-author, “Construction Litigation.”
Co-author, “Construction Law: Creative Strategies for Project Completion & Litigation Avoidance.”
Co-author, “Construction Contracting for Public Entities.”
Co-author, “Construction Contracting and Lien Enforcement in Wisconsin.”
Co-author, “Advanced Construction Law.”
Author, “Summary of Wisconsin Construction Lien and Public Works Payment Bond Law.”
Author, “Report on Mold Claims: Legal Liabilities and Commercial Implications.”
Author, “Managing Professional Liability in Engineering.”
Author, “Handling Major Construction Disputes and Claims.”
Author, “Construction Law: Contracts and Payments.”
Author, “Construction Claims and Change Orders.”
Speaker, "Legal Update," Construction Financial Management Association.
Speaker, WTBA Contractor-Engineer Conference
Author, "What Is the Difference Between Engineering and Drafting?"