Heley, Duncan & Melander, PLLP

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Eric R. Heiberg

Eric R. Heiberg is a business law attorney and a partner with the Minneapolis law firm of Heley, Duncan & Melander, P.L.L.P. Mr. Heiberg represents design professionals, environmental consultants, consulting firms, contractors, owners, and other businesses as an advisor, contract negotiator and litigator. Mr. Heiberg has negotiated hundreds of contracts on behalf of his clients and he has successfully litigated dozens of lawsuits on behalf of design professionals including cases for claims of negligent design, negligent construction administration, and fee disputes. Mr. Heiberg also acts as a counselor to his clients during the contracting and construction process.

Mr. Heiberg has also successfully negotiated a number of environmental liability transfer agreements for his clients in connection with the sale and/or development of environmentally impacted property. These deals involve extensive negotiation of the contract terms, insurance policy language, and dispute resolution terms.

Mr. Heiberg also advises his clients in employment matters including non-compete agreements, separation agreements, severance agreements, wage and hour laws, and harassment training. By getting to know each client’s culture, he is able to provide salient advice in the face of the often rapidly changing employment regulations and enforcement activities of the State and Federal agencies. He also provides advice to his clients regarding business succession and mergers and acquisition, particularly in professional services firms.

Mr. Heiberg frequently speaks on design professional liability, employment law and environmental risk transfers. He is an active member in ACEC Minnesota and the Minnesota Society of Professional Engineers, and has recently testified before the Minnesota Legislature in favor of a bill clarifying the impact of Minnesota’s anti-indemnification Statute on design professionals.

Client Services:

Contract law and negotiation

Construction and litigation

Employment law

Licensing law

Environmental law

Commercial litigation

Admitted to Practice:


United States Court of Appeals for the Eighth Circuit

United States District Court for the District of Minnesota

Professional Activities:

Member, Minnesota State Bar Association

Member, Hennepin County Bar Association

Member, ACEC Minnesota Legislative Committee

Affiliate Member Minnesota Society of Professional Engineers

Representative Cases:

  • Aviation Charter v. Aviation Research Group/US, 416 F.3d 864 (8th Cir. 2005)
    (interpreting the defamation standard for consultants rating businesses after
    analyzing public records)
  • United States v. Premises Known as 7725 Unity Avenue North, 294 F.3d 954
    (8th Cir. 2002) (Addressing priority of unrecorded mortgage in a drug forfeiture case)
  • Bauman v. Chaska Building Center, Inc. 621 N.W. 2d 795 (Minn. Ct. App. 2001)
    (Defining scope of homestead exemption as the homeowner’s equity in the property
    up to $200,000.00.)
  • Smith v. Woodwind Homes, Inc., 605 N.W. 2d 418 (Minn. Ct. App. 2000).
    (Interpreting the Statute of Frauds in relation to a promise to satisfy a mortgage).
  • Nationsbanc Mortg. Corp. v. Security Bank & Trust., 600 N.W. 2d 481 (Minn. Ct. App. 1999)
    (Defining the time in which a judgment creditor’s lien attaches to a parcel of property).

Recent Articles

Clear as Mud: The Murky Status of the Statute of Limitations and the Statute of Repose for Minnesota Consulting Engineers. 2011. Presented to ACEC Minnesota.

Congratulations on your registration! What have you gotten yourself into? 2010. Presented to the ACEC Minnesota Emerging Professionals.

Tiptoeing through the Construction Administration Minefield. 2009. Presented to ACEC Minnesota.

Top Ten Clauses for the Design Professional. 2008. Presented to AIA Minnesota.

Liability Issues for Lighting Designers in Minnesota. 2007. Presented to the Illuminating Engineering Society of Minnesota.

Actions Speak Louder than Words; Liability of Design Professionals for Site Safety. 2005. Presented to AIA Minnesota and ACEC Minnesota.

Undergradute: B.A., St. Olaf College 1993

Law School: Juris Doctorate, cum laude, William Mitchell College of Law, 1996

Eric R. Heiberg


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