Ben Patrick: Lawyer with Wilson Elser Moskowitz Edelman & Dicker LLP

Ben Patrick


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Practice Areas

  • Construction
  • Professional Liability & Services
  • Fidelity/Surety
  • Intellectual Property
  • Insurance & Reinsurance Coverage
  • Insurance & Reinsurance Defense
  • Government Contracts
Contact InfoTelephone: 305.374.4400
Fax: 305.579.0261
University Grinnell College, B.A., 1998
Law SchoolUniversity of Minnesota Law School, J.D., cum laude, 2001
AdmittedCalifornia, Florida, Minnesota; U.S. District Court, Northern and Eastern Districts of California; U.S. District Court, Southern, Middle and Central Districts of Florida; Eighth Circuit Court of Appeals; U.S. District Court, Western District of Wisconsin; Court of Federal Claims; U.S. District Court, District of Minnesota

Memberships & Affiliations

American Bar Association, Forum on the Construction Industry
American Bar Association, Tort Trial and Insurance Practice Section


Ben Patrick represents companies in the construction industry, including general contractors, engineers, architects and sureties. His clients include companies varying in size from small contractors and design firms to ENR Top 50 Firms in mediations, litigations and arbitrations, with claims ranging from under $100, 000 to more than $300 million. An experienced litigator, Ben has represented his clients at every stage of litigation in state and federal courts across the country, as well as in arbitrations, mediations and other alternative dispute resolution forums.

Ben’s familiarity with his clients, their business and their industry allows him to get to the core of disputes quickly, effectively and efficiently. His clients appreciate his practical, frank and strategic advice in handling disputes of all sizes. Ben’s knowledge of the construction industry is a valuable resource when counseling clients on transactional matters as well. Putting the client’s needs and goals first, and bringing real-world experience to bear in order to achieve those goals, is at the heart of Ben’s practice.

Areas of Focus

Ben has represented clients on projects in every sector of the construction industry, including heavy civil (interstate highways, local highways and streets), industrial (manufacturing facilities, wastewater treatment plants, and pump stations), power and energy (ethanol refineries and combined-cycle power plants), commercial (mixed-use developments, mid-rise office towers, and retail developments), health care (hospitals and elder care facilities), education (universities, colleges, and primary schools), and residential (condominium construction and conversion, planned communities, and single-family homes).

Intellectual Property
Ben is recognized as a national authority and leading author on intellectual property rights in the construction industry. In 2004, he was counsel for the defendant architect in the largest construction copyright infringement lawsuit ever brought in the United States. Following three years of litigation and six weeks of trial, the jury returned a verdict finding no liability on the part of Ben’s client.

Ben frequently counsels clients on insurance issues, including coverage questions, risk management, and contract requirements. He represents clients in state and federal court in matters involving life, accident, health and disability claims. Ben has counseled general contractors, designers, sureties and industry trade groups across the country on insurance coverage questions for all major insurance products. Ben has worked as supervisory counsel on matters defended by insurance companies in order to ensure that coverage issues were appropriately addressed, strategies for maximizing coverage were pursued and that counsel appointed by the insurer were appropriately handling the litigation.

Ben has represented sureties in matters across the United States. He has defended payment and performance bond claims totaling more than $100 million. Ben has worked with sureties to structure financing agreements with troubled principals to minimize or avoid losses on bond programs worth tens of millions of dollars. He has represented sureties in numerous high-profile, high-risk litigations against public owners.

Awards & Distinctions

ABA Forum on the Construction Industry Young Lawyers Committee, chair, 2006-2009


How the SBA and Disadvantaged Business Programs Are Incorporated into and Can Enhance a Public Project

Speaking Engagements

January 23, 2014

The ABA Fidelity & Surety Law Committee 2014 Mid-winter Program


Wilson Elser Represents Contractors in Engineering Procure-Construct Contracts

December 20, 2013

Wilson Elser Welcomes Ben Patrick, a Powerhouse Addition to the Firm’s National Construction Team

July 18, 2013 (Also at Miami, Florida Office)

Reported CasesRepresentative Matters; Represented a contractor and its surety in a substantial claim against a local government in California. While the government engaged in prolonged, no-holds-barred litigation, the claim was eventually settled on terms very favorable to the contractor.Represented a general contractor sued by a commercial building owner for alleged construction defects. In one of the first rulings of its kind in California, obtained an order during early litigation that required the subcontractors to pay the general contractor's legal fees going forward as a result of the sub-contractual duty to defend the general contractor.Counseled a large, national developer regarding insurance coverage and contractual provisions in connection with a number of projects.Represented a prominent architecture firm accused of negligence in connection with the restoration of a historic mansion. After the court granted the architect's motion for partial summary judgment, the case settled on terms favorable to the architect.Represented a surety in connection with the financing of its principal and the litigation of dozens of bond claims arising out of that principal's past work.Represented an engineering firm accused of negligence and breach of contract in connection with the development of a retirement community. When the parties were unable to settle the matter, Ben tried the case to a jury and obtained a unanimous verdict in the engineer's favor.

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Office Information

Ben Patrick

525 Market Street, 17th Floor
San FranciscoCA 94105-2725


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