Capella Tower | Suite 3500
225 South Sixth Street | Minneapolis, MN 55402
Main:(612) 604-6400 | Fax:(612) 604-6800
www.winthrop.com |  A Professional Association

Having worked for several years as an ‘in-house’ attorney for a large construction company, I understand my clients’ need for high quality legal services to be delivered on time and on budget. I seek practical and cost-effective solutions to my clients’ legal issues.
—Kevin M. McLain
 
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Kevin M. McLain

Shareholder
p (612) 604-6563   f (612) 604-6963 
Education
William Mitchell College of Law, J.D., magna cum laude, 2007

University of St. Thomas, B.S., Economics, summa cum laude, 2003

University of St. Thomas, B.A., Business, summa cum laude, 2003
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Experience
Kevin M. McLain practices in Winthrop & Weinstine, P.A.’s real estate group. Kevin’s broad range of experience ranges from complex commercial real estate transactions to resolution of construction contract disputes.  Specific areas in which Kevin has significant experience include:
  • Facilitating multifamily housing developments using the Low Income Housing Tax Credit;
  • Negotiating complex real estate financing transactions involving loan and grant programs administered by federal, state, and local governments, including HUD and FNMA loans;
  • Representing investors and/or real estate developers in projects financed with Federal and State Historic Rehabilitation Tax Credits;
  • Negotiating construction contracts on large commercial projects;
  • Resolving complex construction disputes involving all parties involved in the construction process (owners, general contractors, subcontractors, architects, etc.)
Prior to joining the firm, Kevin worked for nearly 10 years in the legal department of a highly regarded construction company, serving four of those years as Associate General Counsel for the company.

Bar Admissions
Minnesota, 2007

Representative Transactions
  • Representation of real estate developers and/or tax credit syndicators in the acquisition, financing, development, and disposition of real estate and real estate related investments across the United States.
  • Representation of Weis Builders in R.A. Bright Construction, Inc. v. Weis Builders, Inc., 930 N.E.2d 565 (Ill. Ct. App. 2010), in which he argued and won case before the Illinois Appellate Court establishing precedent that an Illinois law prohibiting out-of-state arbitration of construction contract disputes is preempted by the Federal Arbitration Act under the U.S. Constitution. Successfully compelled arbitration of dispute in Hennepin County, Minnesota.
  • Representation of both owners and contractors in negotiation of general contract / construction management agreements, and negotiation of subcontracts and material contracts for furnishing of labor/materials to large, commercial construction projects.
  • Representation of clients in hundreds of construction contract disputes, including informal settlement negotiations, mediation, arbitration, and litigation.
  • Filing and/or resolution of hundreds of Mechanic’s Lien claims.

Community Involvement
  • Minnesota State Bar Association
  • Winthrop & Weinstine Community Service Committee

Honors & Awards

Law School:
  • CALI Award recipient for Construction Law
  • CALI Award recipient for Advanced Evidence
  • CALI Award recipient for Alternative Dispute Resolution
  • CALI Award recipient for Creditor / Debtor
  • Burton Award Nominee
  • Dean’s List 4 of 8 semesters

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