Mark J. Blando

Mark J. Blando

Partner
Location:
Minneapolis, Minnesota
Phone:
612-236-0162
Fax:
612-236-0179
Email:

Mark Blando has dedicated his career to pursuing all forms of litigation against the Federal government. He gained the unique opportunity to act as counsel in both of the key U.S. Supreme Court cases involving attempts by the government to avoid its contractual obligations through legislation, having represented subsidized housing owners in Franconia Associates v. United States, 536 U.S. 129 (2002), both before the Supreme Court and at trial, and thrift institutions in United States v. Winstar Corp., 518 U.S. 839 (1996). The Franconia case alone has led to recoveries in excess of $500M for Mark's clients. 

Mark also has litigated a wide variety of traditional government contract cases at the federal and state level, including False Claims Act litigation, bid protests, performance disputes, and termination actions. He also advises contractors and subcontractors on a wide range of transactional matters, including Federal Supply Schedules, asset purchases, intellectual property issues, and internal compliance investigations. Mark also has pursued numerous other types of government claims, including Fifth Amendment takings claims, Federal Tort Claims Act cases, and actions under the Administrative Procedures Act. He also has substantial trial experience in a number of other areas, including construction, subsidized housing, real estate, insurance defense, and general commercial litigation.

Mark graduated from Boston College, magna cum laude, in 1992, and from the George Washington University Law School, with honors, in 1995, where he served as Managing Editor of the Environmental Lawyer. He has been admitted to practice in Minnesota, Washington, D.C., Maryland, the United States Court of Federal Claims, the U.S. Court of Appeals for the Federal Circuit, and the U.S. Supreme Court. He is a member of the American Bar Association, Public Contracts Law Section, and the National Contract Management Association, where he served as the President and National Director of the Twin Cities Chapter. Mark writes and lectures frequently on a variety of government contract topics.

Areas of Practice

  • Government Contracts
  • Commercial Litigation
  • Federal Claims Litigation
  • Fifth Amendment Takings
  • Construction
  • Trial and Appellate Practice

Bar Admissions

  • Maryland, 1995
  • U.S. Court of Appeals Federal Circuit, 1999
  • U.S. Court of Federal Claims, 1999
  • Minnesota, 2000
  • U.S. Supreme Court, 2002

Education

  • George Washington University Law School, Washington, District of Columbia
    • J.D. - 1995
    • Honors: With Honors
    • Law Journal: Environmental Lawyer, Managing Editor
  • Boston College
    • B.A. magna cum laude - 1992
    • Major: English

Published Works

  • Legal Focus: Government Contracts, Lawyer Monthly, 2016
  • Guide to State Procurement: A 50-State Primer on Purchasing Law, Processes and Procedures, ABA Section of Public Contract Law (contributing author), 2011
  • Government Contractors & Environmental Liability, ABA Section of Environment, Energy & Resources, 2002
  • E-Sign's growing Impact on Government Procurement, Contract Management Magazine, 2001
  • Attention Contractors: You Will Be Graded, Faegre & Benson, 2001
  • Direct and Cross-Examination of Scheduling Experts, in Judging the Scheduling Experts, ABA Public Contract Law Section, Construction Claims Committee Conference, 1998
  • International Arbitration in Bermuda, ABA Litigation Section, Insurance Coverage Committee, 1999
  • Note, Land Exchanges Under the Federal Land Exchange Facilitation Act, 1 The Environmental Lawyer 327, 1994

Representative Cases

  • Airport Road Associates, Ltd. v. United States, 866 F.3d 1346 (Fed. Cir. 2017)
  • Ramona Investment Group v. United States, 115 Fed. Cl. 704, 707 (2014)
  • Carpenter v. United States, __ Fed. Cl. __ No. 04-1740C (2006)
  • Chancellor Manor v. United States, 67 Fed. Cl. 434 (2005)
  • Grass Valley Terrace v. United States, 69 Fed. Cl. 341 (2005)
  • Franconia Assoc. v. United States, 61 Fed. Cl. 718 (2004)
  • Allegre Villa v. United States, 60 Fed. Cir. 11 (2004)
  • Chancellor Manor v. United States, 331 F.3d 891 (Fed. Cir. 2003)
  • Franconia Associates v. United States, 536 U.S. 129 (2002)
  • Grass Valley Terrace v. United States, 51 Fed. Cl. 436 (2002)
  • Kvaerner ASA and J.A. Jones, Inc. v. Bank of Tokyo-Mitsubishi, 210 F.3d 262 (4th Cir. 2000)
  • Cooley v. United States, 46 Fed. Cl. 538 (2002)
  • Eastover Ridge, LLC v. Metric Constructors, Inc., 533 S.E.2d 827 (N.C. App. 2000)

Classes/Seminars

  • The False Claims Act: Past, Present and Future, University of Minnesota National Seminar on Government Contracts, Minneapolis, MN, 2018
  • Government Contract Law 101, Association of Procurement Technical Assistance Centers, San Diego, CA, 2017
  • Past Performance in Government Contracting, NCMA World Congress, Orlando, FL, 2016
  • Suing Uncle Sam, National Property Management Association, Minneapolis, MN, 2016
  • Commercial Item Acquisitions, 20 Years After FASA, NCMA World Congress, Dallas, TX, 2015
  • SADBOC Annual Government Procurement Fair (various presentations), 2014 - present
  • Lost Prepayment Rights: A Litigation and Settlement History, Wisconsin Council for Affordable Rural Housing, Madison, WI, 2012
  • Claims, Disputes and Protests in Government Contracts, Minnesota CLE, Minneapolis, MN, 2011 & 2012
  • Minnesota Procurement Technical Assistance Counsel, Advanced Contracting Series (various presentations), 2009 - present
  • NCMA Greater Iowa Spring Seminar (various topics), Cedar Rapids, IA, 2010
  • Public Contracts and Procurement Regulations: Keeping Pace in the Federal Marketplace, Lormen Education, Bloomington, MN, 2008
  • Litigation Against the Federal Government in the Court of Federal Claims, California Council for Affordable Housing, Lake Tahoe, CA, 2006
  • Litigating a Regulatory Taking Claim: A Practitioner's View, ALI-ABA, Boston, MA, 2005
  • Prepayment Litigation: A Progress Report, National Leased Housing Association, Miami, FL, 2005
  • E-Procurement: Electronic Contracting with the Federal Government, University of Minnesota, National Seminar on Government Contracts, St. Paul, MN, 2003
  • Public Contracting in the Information Age, National Institute of Governmental Purchasing, Bloomington, MN, 2002
  • Doing Business with the Federal Government, Faegre & Benson Construction Seminar, Minneapolis, MN, 2002
  • Hot Topics in Government Contract Law, National Contract Management Association, Minneapolis, MN, 2001
  • Past Performance: Past, Present and Future, University of Minnesota, National Seminar on Government Contracts, St. Paul, MN, 2000
  • Government Contracts, Minnesota Project Innovation, Minneapolis, MN, 2000
  • Commercial Pricing: Doing Business with the Federal Government, National Contract Management Association, Denver, CO, 2000
  • Minnesota Construction Law: Payment and Performance Bonds, Lorman Education Services, Minneapolis, MN, 1999

Professional Associations and Memberships

  • Harvard Mediation Project, Harvard Law School, Mediator, 1991
  • National Contract Management Association, Twin Cities Chapter, National Director, 2003 - 2004
  • National Contract Management Association, Twin Cities Chapter, Chapter President, 2002 - 2003
  • National Contract Management Association, Twin Cities Chapter, V.P., Education, 2001 - 2002
  • National Contract Management Association, Twin Cities Chapter, V.P., Education, 2006 - 2007
  • National Contract Management Association, Twin Cities Chapter, Board Member, 2001 - 2007
  • National Contract Management Association, Twin Cities Chapter, Member, 1999 - Present
  • American Bar Association, Section of Public Contract Law
  • Association of the United States Army

Past Employment Positions

  • Faegre & Benson LLP, Minneapolis, MN, 1999 - 2004
  • Spriggs & Hollingsworth, Washington, D.C., 1995 - 1999
  • U.S. District Court, District of Columbia, 1994
  • District of Columbia Court of Appeals, 1994