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).
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.
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
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
January 23, 2014
The ABA Fidelity & Surety Law Committee 2014 Mid-winter Program (Also at Miami, Florida Office)