Jeremy T. Fitzpatrick

(402) 231-8756
Partner
(402) 346-1148 Fax
Jeremy.Fitzpatrick@KutakRock.com

Mr. Fitzpatrick focuses his practice on construction law. He represents contractors, owners and design professionals in all aspects of construction disputes. He also assists clients with negotiating contracts and managing the risk elements in construction transactions. He frequently lectures on construction law issues.

Mr. Fitzpatrick also has extensive business litigation experience outside the construction area. His experience includes serving as a senior member of a litigation team that secured a nearly $1 billion settlement in a fraud and breach of contract case against a major mortgage lender. He also has expertise in disputes involving low-income housing tax credits and other related state and federal financing products.

Mr. Fitzpatrick is past president of the Robert M. Spire American Inn of Court. He currently serves on the Federal Practice Committee for the United States District Court for the District of Nebraska. He also serves on the board of directors of Voices for Children Nebraska and Hands & Voices Nebraska, children’s advocacy groups. In 2015, Mr. Fitzpatrick was appointed by Governor Pete Ricketts to the board of directors of the Nebraska Commission for the Deaf and Hard of Hearing.

Representative Experience:

  • Represented owner in three-week arbitration regarding demand from contractor for $50 million in additional compensation and damages pursuant to EPC contract. Matter settled favorably for owner following arbitration.
  • Won summary judgment dismissing electrical subcontractor’s $1 million delay and interference claim related to the construction of Omaha’s CenturyLink Center.
  • Obtained favorable settlement for contractor from subcontractor and its surety for owner’s $1.5 million construction defect claim related to stone-veneer wall constructed by subcontractor.
  • Won early dismissal of designer in construction defect and personal injury case.
  • Successfully defended geotechnical engineer in matter alleging professional negligence.
  • Won summary judgment finding that client was not required to provide insurance coverage for alleged design defects by architect and that second insurer was required to provide coverage.
  • Defended contractor against owner’s $1 million claim related to post-construction settlement of office building. Case settled favorably for contractor before trial.
  • Served as senior member of litigation team which won nearly $1 billion settlement for client in financial services litigation.
  • Argued and won case in the United States Court of Appeals for the Fifth Circuit requiring arbitration of tort claims.
  • Participated in negotiating and drafting construction documents for $323 million cancer center.
  • Performed risk reviews regarding proposed construction contracts for Fortune 100 contractor.

Presentations:

  • Managing Construction Projects in Nebraska, September 10, 2014 (Lorman)
  • Construction Law for Public Projects, April 30, 2014 (Foxmoor Continuing Education)
  • Design Professional Liability in Construction, March 19, 2013 (Kutak Rock)
  • Construction Defect Litigation: From A to Z, August 15, 2013 (NBI)
  • Ethical Considerations in Representing Joint Ventures, May 17, 2012 (Burns & McDonnell Joint In-House CLE)
  • Fundamentals of Construction Contracts, July 30, 2012 (Lorman)
  • Divided Loyalty: Ethical Considerations in Representing Joint Ventures, December 15, 2011 (Construction SuperConference)