Representative Construction Experience:
Defense of condominium developer in $8 million damage claim for multiple construction defects focusing on complex CGL coverage issues over sequential policy periods.
Successfully prosecuted extras claims against Corps of Engineers on Pope Air Force Base construction project on behalf of general contractor's surety resulting in $3.2 million settlement.
Successfully represented international design firm in defense and resolution of Miller Park Baseball Stadium’s retractable roof extras and design defect lawsuit, Wisconsin’s largest construction dispute involving a structural facility ($100+ million), including professional E&O and CGL project policy coverage claims against primary and excess carriers.
Successfully resolved more than $250 million in construction claims through settlement, arbitration and litigation.
Developed strategies for successful assertion of “extras” claims on the new Denver International Airport project.
Developed a unique no‑cost release for construction manager from O’Donnell Park litigation.
Reviewed and negotiated construction contracts during 1970's and 80's for atomic power plants, a $2M subcontract for an anerobic waste water treatment plant, a rotary furnace subcontract for a new copper conversion plant, varioius subdivision developments and a broad range of commercial, residential and industrial projects, including $1.9M boiler plant subcontract for $79M plant expansion and a 100,000 sq.ft. new plant and office facility.
Served on multiple occasions as an expert witness on real estate development and construction litigation malpractice claims in state and federal courts, with 75% of cases settling following expert depositions.
Professional Associations:
State Bar of Wisconsin (1972-2012): Business Law Section (Chair of the Information Technology & E‑Commerce Committee), Construction and Public Contract Law Section (Board, 1994‑2002; Chair, 2000‑01), Litigation Section, Fast Track Business Dispute Resolution Program Panelist; Reporter for State Bar's Real Estate Conveyancing Forms Committee (1981).
American Arbitration Association (1980-2012): Commercial and Construction Arbitration and Mediation Panels.
International Centre for Dispute Resolution (New York, NY).
International Mediation Institute (The Netherlands).
American Bar Association (1972-2014): Alternative Dispute Resolution Committee (2012-13); Business Law Section (1991-2003), Construction Industry Section (1991‑2010), Science & Technology Section (Computer and Software Legislation Committee; Computers, Software and Business Innovation Committee; Information Security Committee; and Internet and Cyberspace Committee – Task Force on Cyber Security & Privacy); Tort and Insurance Practice Section (1990‑2003) (Fidelity and Surety Law Committee)
Construction Specifications Institute (1996‑1999)
American Law Firm Association: Construction Industry Practice Group Steering Committee (1995‑1999)
American College of Mortgage Attorneys (1974-2001; Past Regent, Past State Chair)
American Corporate Counsel Association (1985‑1993)
American Land Title Association: Lender’s Council (1993‑2000)
AMICA Mutual Insurance Company and affiliates (1993-2021): Board of Directors and Finance Committee (1993-2021), Audit Committee (1994‑2003; 2018-2021), Compensation Committee (2004‑2010); Governance & Nominating Committee (2010-2013)
National Association of Securities Dealers (pre-2012): Board of Arbitrators
New York Stock Exchange (pre-2012): Arbitration Panel
American College of Mortgage Attorneys, State Chairman and Board of Governors (1980-86)
Community National Bank, Mukwonago, WI, organizer, Board of Directors and Counsel (1979-89)
U.S. District Court, Eastern District of Michigan: Admitted 2002
U.S. District Court, Northern District of Illinois: Admitted 2003
Wisconsin Governor’s Blue Ribbon Commission on Year 2000 Preparedness (1999‑2000)
ADR training:
Imposing Sanctions in Arbitration: Just How Far Can You Go?, April 2105 (AAA)
Take the Initiative! Your Obligation to be a Proactive Arbitrator, February 2015 (AAA)
Introducing New Commercial Rules, January 2014 (AAA)
Five Ways to Reduce the Costs of Construction Arbitration, January 2014 (AAA)
Confronting Arbitrability and Jurisdiction Issues in Arbitration, Feb. 2013 (AAA)
Arbitrator Ethics and Disclosure, June 2012 (AAA)
Electronic Discovery in Arbitration: What You Need to Know, Feb. 2010, (AAA)
Five Steps to Fast-Track the Large, Complex Construction Case, Feb. 2010 (AAA)
Judicial Remands of Challenged Awards, Oct. 2009 (AAA)
Arbitrator Boundaries: What are the Limits of Arbitrator Authority?, Sept. 2009 (AAA)
ADR After NAFTA, April 2008 (International Centre for Dispute Resolution)
Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics, Sept. 2007 [AAA]
Advanced Commercial Mediation Institute, Oct. 2006, [Association for Conflict Resolution, Harvard University
and the AAA]
Fundamentals of Effective Mediation Advocacy, Oct. 2006, [AAA]
Practical Tips for Dealing with Tactics of Parties and Advocates, April 2005 [AAA]
Arbitration Awards: Safeguarding, Deciding & Writing Awards, Sept. 2004 [AAA]
Arbitrator Update, 2001 [AAA]
Construction Industry Arbitrator II Training, Feb. 2001 [AAA]
Arbitrator Training, Nov. 1998, Oct. 1996 and Dec. 1992 [New York Stock Exchange]
Commercial Arbitrator Training, Oct. 1998 [AAA]
Construction Industry Arbitrator Training Workshop, May 1997 [AAA]
Chosen one of the top 50 lawyers in Wisconsin, Wisconsin Super Lawyers Magazine, for 2006, one of the Super Lawyers in 2007-2011 and one of the Top 10 Construction Lawyers in 2006 by The Daily Reporter.
Employment History
Shareholder, Whyte Hirschboeck Dudek S.C., 1988-2012, 1972-83 (f/k/a Frisch Dudek)
Jeff's practice initially began in the area of real estate finance and development. He started working on single family and condominium transactions for buyers, sellers and lenders, including contract negotiation, processing, abstract and title review and closings. This led to development of an extensive practice in commercial mortgage financing for major lending institutions in local and interstate transactions, including construction, rehab, mini-perm, take-out and permanent mortgage loans with fixed as well as indexed and non-indexed variable rates. He handled refinancing of land lease improvements, and prepared and obtained regulatory approval for the first wrap-around commercial mortgage by a Wisconsin thrift. Shortly thereafter, Mr. Aiken became involved in private sales of $10-20 million mortgage pools and participations to institutional investors and then the subsequent development of secondary mortgage market dealings in FHLMC/GNMA programs, as well as development, preparation and negotiation of loan participation, disbursing agreement and mortgage documentation for a neighborhood rehabilitation loan program and a pledged account interest rate buy-down program. This experience eventually extended him into the industrial development bond area where he handled the first triple "A" rated mortgage pool enhanced IDB in the country utilizing savings and loan first mortgage pools as the credit enhancement vehicle, the first public placement pass-through program by a Wisconsin thrift (including pooling and servicing instruments), and the first interstate mobile home lending program by a Wisconsin thrift.
Jeff was involved with structuring and documenting joint ventures and related real estate developments for subdivisions and condominium projects, including negotiation of development agreements with municipalities, access and utility easements, option agreements and commercial leases as well as preparation of subdivision and condominium declarations for numerous new and conversion projects and representation of several condo owners' associations. His real estate practice also extended to acquisition, development and financing of heavy and light industrial facilities, industrial parks and creation of related owner associations. His litigation experience focused on a broad range of real estate, construction and other commercial contract disputes ranging from defense of performance bond indemnity claims and blasting equipment to construction lien and mortgage foreclosure actions.
General Counsel, National Development and Investment, Inc., (a real estate syndication & construction company), 1983-88.
For over five years, Jeff served as in-house general counsel for a national real estate syndication, development and management firm, responsible for managing or personally handling all legal affairs, including: over $250 million of real estate acquisitions, financings, refinancings and sales in both local and multi-state transactions, including several HUD 221(d)(4) TPAs and various IDBs; office buildings, shopping center, warehouse and apartment leasing; general commercial, bonded note and line-of-credit borrowings and equipment leasing in addition to supervising the syndication department.
Bar Admissions & Education:
Admitted to the Bar: State of Wisconsin (1972); U.S. District Court, Eastern and Western Districts of Wisconsin (1972) and Eastern District of Michigan (2002); Northern District of Illinois (2003); U.S. Court of Appeals, Seventh Circuit (1972) and Sixth Circuit (2004).
Marquette University: 3 semesters in mechanical and civil engineering, philosophy major, psychology minor (BA, cum laude-1969). Marquette University Law School (JD, cum laude-1972).
Defense of condominium developer in $8 million damage claim for multiple construction defects focusing on complex CGL coverage issues over sequential policy periods.
Successfully prosecuted extras claims against Corps of Engineers on Pope Air Force Base construction project on behalf of general contractor's surety resulting in $3.2 million settlement.
Successfully represented international design firm in defense and resolution of Miller Park Baseball Stadium’s retractable roof extras and design defect lawsuit, Wisconsin’s largest construction dispute involving a structural facility ($100+ million), including professional E&O and CGL project policy coverage claims against primary and excess carriers.
Successfully resolved more than $250 million in construction claims through settlement, arbitration and litigation.
Developed strategies for successful assertion of “extras” claims on the new Denver International Airport project.
Developed a unique no‑cost release for construction manager from O’Donnell Park litigation.
Reviewed and negotiated construction contracts during 1970's and 80's for atomic power plants, a $2M subcontract for an anerobic waste water treatment plant, a rotary furnace subcontract for a new copper conversion plant, varioius subdivision developments and a broad range of commercial, residential and industrial projects, including $1.9M boiler plant subcontract for $79M plant expansion and a 100,000 sq.ft. new plant and office facility.
Served on multiple occasions as an expert witness on real estate development and construction litigation malpractice claims in state and federal courts, with 75% of cases settling following expert depositions.
Professional Associations:
State Bar of Wisconsin (1972-2012): Business Law Section (Chair of the Information Technology & E‑Commerce Committee), Construction and Public Contract Law Section (Board, 1994‑2002; Chair, 2000‑01), Litigation Section, Fast Track Business Dispute Resolution Program Panelist; Reporter for State Bar's Real Estate Conveyancing Forms Committee (1981).
American Arbitration Association (1980-2012): Commercial and Construction Arbitration and Mediation Panels.
International Centre for Dispute Resolution (New York, NY).
International Mediation Institute (The Netherlands).
American Bar Association (1972-2014): Alternative Dispute Resolution Committee (2012-13); Business Law Section (1991-2003), Construction Industry Section (1991‑2010), Science & Technology Section (Computer and Software Legislation Committee; Computers, Software and Business Innovation Committee; Information Security Committee; and Internet and Cyberspace Committee – Task Force on Cyber Security & Privacy); Tort and Insurance Practice Section (1990‑2003) (Fidelity and Surety Law Committee)
Construction Specifications Institute (1996‑1999)
American Law Firm Association: Construction Industry Practice Group Steering Committee (1995‑1999)
American College of Mortgage Attorneys (1974-2001; Past Regent, Past State Chair)
American Corporate Counsel Association (1985‑1993)
American Land Title Association: Lender’s Council (1993‑2000)
AMICA Mutual Insurance Company and affiliates (1993-2021): Board of Directors and Finance Committee (1993-2021), Audit Committee (1994‑2003; 2018-2021), Compensation Committee (2004‑2010); Governance & Nominating Committee (2010-2013)
National Association of Securities Dealers (pre-2012): Board of Arbitrators
New York Stock Exchange (pre-2012): Arbitration Panel
American College of Mortgage Attorneys, State Chairman and Board of Governors (1980-86)
Community National Bank, Mukwonago, WI, organizer, Board of Directors and Counsel (1979-89)
U.S. District Court, Eastern District of Michigan: Admitted 2002
U.S. District Court, Northern District of Illinois: Admitted 2003
Wisconsin Governor’s Blue Ribbon Commission on Year 2000 Preparedness (1999‑2000)
ADR training:
Imposing Sanctions in Arbitration: Just How Far Can You Go?, April 2105 (AAA)
Take the Initiative! Your Obligation to be a Proactive Arbitrator, February 2015 (AAA)
Introducing New Commercial Rules, January 2014 (AAA)
Five Ways to Reduce the Costs of Construction Arbitration, January 2014 (AAA)
Confronting Arbitrability and Jurisdiction Issues in Arbitration, Feb. 2013 (AAA)
Arbitrator Ethics and Disclosure, June 2012 (AAA)
Electronic Discovery in Arbitration: What You Need to Know, Feb. 2010, (AAA)
Five Steps to Fast-Track the Large, Complex Construction Case, Feb. 2010 (AAA)
Judicial Remands of Challenged Awards, Oct. 2009 (AAA)
Arbitrator Boundaries: What are the Limits of Arbitrator Authority?, Sept. 2009 (AAA)
ADR After NAFTA, April 2008 (International Centre for Dispute Resolution)
Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics, Sept. 2007 [AAA]
Advanced Commercial Mediation Institute, Oct. 2006, [Association for Conflict Resolution, Harvard University
and the AAA]
Fundamentals of Effective Mediation Advocacy, Oct. 2006, [AAA]
Practical Tips for Dealing with Tactics of Parties and Advocates, April 2005 [AAA]
Arbitration Awards: Safeguarding, Deciding & Writing Awards, Sept. 2004 [AAA]
Arbitrator Update, 2001 [AAA]
Construction Industry Arbitrator II Training, Feb. 2001 [AAA]
Arbitrator Training, Nov. 1998, Oct. 1996 and Dec. 1992 [New York Stock Exchange]
Commercial Arbitrator Training, Oct. 1998 [AAA]
Construction Industry Arbitrator Training Workshop, May 1997 [AAA]
Chosen one of the top 50 lawyers in Wisconsin, Wisconsin Super Lawyers Magazine, for 2006, one of the Super Lawyers in 2007-2011 and one of the Top 10 Construction Lawyers in 2006 by The Daily Reporter.
Employment History
Shareholder, Whyte Hirschboeck Dudek S.C., 1988-2012, 1972-83 (f/k/a Frisch Dudek)
Jeff's practice initially began in the area of real estate finance and development. He started working on single family and condominium transactions for buyers, sellers and lenders, including contract negotiation, processing, abstract and title review and closings. This led to development of an extensive practice in commercial mortgage financing for major lending institutions in local and interstate transactions, including construction, rehab, mini-perm, take-out and permanent mortgage loans with fixed as well as indexed and non-indexed variable rates. He handled refinancing of land lease improvements, and prepared and obtained regulatory approval for the first wrap-around commercial mortgage by a Wisconsin thrift. Shortly thereafter, Mr. Aiken became involved in private sales of $10-20 million mortgage pools and participations to institutional investors and then the subsequent development of secondary mortgage market dealings in FHLMC/GNMA programs, as well as development, preparation and negotiation of loan participation, disbursing agreement and mortgage documentation for a neighborhood rehabilitation loan program and a pledged account interest rate buy-down program. This experience eventually extended him into the industrial development bond area where he handled the first triple "A" rated mortgage pool enhanced IDB in the country utilizing savings and loan first mortgage pools as the credit enhancement vehicle, the first public placement pass-through program by a Wisconsin thrift (including pooling and servicing instruments), and the first interstate mobile home lending program by a Wisconsin thrift.
Jeff was involved with structuring and documenting joint ventures and related real estate developments for subdivisions and condominium projects, including negotiation of development agreements with municipalities, access and utility easements, option agreements and commercial leases as well as preparation of subdivision and condominium declarations for numerous new and conversion projects and representation of several condo owners' associations. His real estate practice also extended to acquisition, development and financing of heavy and light industrial facilities, industrial parks and creation of related owner associations. His litigation experience focused on a broad range of real estate, construction and other commercial contract disputes ranging from defense of performance bond indemnity claims and blasting equipment to construction lien and mortgage foreclosure actions.
General Counsel, National Development and Investment, Inc., (a real estate syndication & construction company), 1983-88.
For over five years, Jeff served as in-house general counsel for a national real estate syndication, development and management firm, responsible for managing or personally handling all legal affairs, including: over $250 million of real estate acquisitions, financings, refinancings and sales in both local and multi-state transactions, including several HUD 221(d)(4) TPAs and various IDBs; office buildings, shopping center, warehouse and apartment leasing; general commercial, bonded note and line-of-credit borrowings and equipment leasing in addition to supervising the syndication department.
Bar Admissions & Education:
Admitted to the Bar: State of Wisconsin (1972); U.S. District Court, Eastern and Western Districts of Wisconsin (1972) and Eastern District of Michigan (2002); Northern District of Illinois (2003); U.S. Court of Appeals, Seventh Circuit (1972) and Sixth Circuit (2004).
Marquette University: 3 semesters in mechanical and civil engineering, philosophy major, psychology minor (BA, cum laude-1969). Marquette University Law School (JD, cum laude-1972).