Complex cases pose an enjoyable challenge

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Scott Thomsen’s practice in construction law focuses on litigation, and he has learned that capturing and keeping a jury’s attention is an indispensable skill.

“The complexities involved in construction law often don’t necessarily translate into an interesting story for a jury,” Thomsen said. “Oftentimes it’s not a cut and dry issue, such as ‘A car’ hit ‘B car.’ It often involves tens of thousands of documents. And if you don’t make the story interesting for a jury or make it simple, it certainly can be lost on a jury.”

About 90 percent of Thomsen’s practice focuses on representing construction design professionals, such as architects and engineers, against claims made by building owners and developers. A host of claims might be made, Thomsen said, from errors or omissions in plans to lawsuits brought as a result of construction delays.

“We’ve seen it all,” he said.

Apart from litigation, Thomsen is involved in transactional work, including negotiating construction contracts. Standard contract forms, such as those published by organizations such as the American Institute of Architects, provide the framework. Most often, he said, problems arise when the parties deviate greatly from those forms, particularly in the area of indemnification.

Essentially, he said, indemnification clauses involve agreements that say “I pay for my faults as well as yours,” and, if not carefully crafted, are often the source of subsequent civil suits.

Like many attorneys who practice construction law in the area, Thomsen said he credits W. Wayne Siesennop with teaching him the subtleties of the field.

“A lot of us who work in this area and some attorneys who’ve moved on to larger firms all started with Wayne and his mentoring,” Thomsen said, “so it’s a real testament to him.”

Thomsen said attorneys who practice construction law in Milwaukee are a tightly knit community. He said he values that camaraderie.

“I know pretty much everybody who practices in this area and I enjoy the other attorneys, whether they are opposition or co-counsel,” he said.

Thomsen said he always knew he wanted to practice civil law and not criminal law. There may be a genetic reason he has been drawn into construction issues.

“My grandfather was a homebuilder,” he said, “and I’ve got a little bit of that in my blood.”