Attorneys

Mark J. Blando

Mark Blando has dedicated his career to pursuing all forms of litigation against the federal government. He acted as counsel in two of the most prominent pieces of litigation in the country 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). Mark also has litigated a wide variety of traditional government contract cases at the federal and state level, including bid protests, performance disputes, termination actions, and False Claims Act litigation. 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.

 

Education

  • B.A., English, magna cum laude, Boston College (1992)
  • J.D., with honors, George Washington University (1995)

Employment History

  • Eckland & Blando LLP, Minneapolis, MN, (2004-present)
  • 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)

Affiliations

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

Bar Admissions

  • State of Maryland (1995)
  • The District of Columbia Washington, D.C. (1996; inactive)
  • United States Court of Appeals for the Federal Circuit (1999)
  • United States Court of Federal Claims (1999)
  • The State of Minnesota (2000)
  • United States Supreme Court (2002)

Lorman Distinguished Faculty Member

Publications

  • Guide to State Procurement:  A 50-State Primer on Purchasing Law, Processes and Procedures
    ABA Section of Public Contract Law (2011)
    Contributor to outlines for Minnesota, Wisconsin, Illinois, Michigan, North Dakota and South Dakota
  • 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
    The Environmental Lawyer 327 (1994)

Published Decisions

  • Airport Road Associates, Ltd. v. United States, 866 F.3d 1346 (Fed. Cir. 2017)
  • Franconia Assoc. v. United States, 536 U.S. 129 (2002)
    Unanimous decision allowing contract and takings claims brought by affordable housing owners against federal government to go forward
    On Remand, 61 Fed. Cl. 718 (2004), awarding over $13 million in damages to plaintiffs
    Subsequent settlement proceedings, resulting in over $200 million in payments to more than 700 similarly-situated plaintiffs.  
  • Chancellor Manor v. United States, 331 F.3d 891 (Fed. Cir. 2003)
    Rejecting government’s attempts to avoid liability for a Fifth Amendment taking of properties owned by government contractors
    On Remand, 67 Fed. Cl. 434 (2005), awarding over $15 million in damages to plaintiffs
  • Kvaerner ASA and J.A. Jones, Inc. v. Bank of Tokyo-Mitsubishi, 210 F.3d 262 (4th Cir. 2000)
    Compelling guarantor to submit construction dispute to arbitration.
  • Allegre Villa v. United States, 60 Fed. Cir. 11 (2004)
    Granting summary judgment on contract liability in favor of over one hundred housing owners.
  • Grass Valley Terrace v. United States, 51 Fed. Cl. 436 (2002)
    Rejecting sovereign defenses raised by government against contract claims brought by affordable housing owners.
    Subsequent proceedings, 69 Fed. Cl. 543 (2006); 69 Fed. Cl. 506 (2006); 69 Fed. Cl. 341 (2005)
  • Cooley v. United States, 46 Fed. Cl. 538 (2002)
    Holding Government liable for Fifth Amendment taking of property designated as wetlands.
  • Eastover Ridge, LLC v. Metric Constructors, Inc., 533 S.E.2d 827 (N.C. App. 2000)
    Affirming dismissal of claims brought by owner of apartment complex against general contractor.
  • Protest of JCN Construction Co., B-270068, 96-1 CPD ¶ 42 (1996)
    Sustaining bid protest challenging rejection of bid as late.

Speeches

    • Lost Prepayment Rights:  A Litigation and Settlement History
      Wisconsin Council for Affordable Rural Housing (Madison, WI, November 2012)
    • Suing Uncle Sam:  Claims, Disputes and Protests in Government Contracts
      Minnesota CLE (Minneapolis, MN, 2011 and 2012)
    • Minnesota Procurement Technical Assistance Counsel  
      Advanced Contracting Series, various presentations 2009-2012 (Minneapolis, MN and Duluth, MN)
      • Past Performance in Government Contracting
      • Commercial Item Acquisitions
      • Claims and Disputes in Government Contracts
      • Opportunities Under the American Recovery and Reinvestment Act
      • Fundamentals of Government Contracts
      • Understanding and Winning Government Contracts  
      • State and Local Procurement in Minnesota
    • NCMA Greater Iowa Spring Seminar (Cedar Rapids, IA, April 2010)
      • Disputes, Claims and Appeals in Government Contracts
      • Commercial Item Acquisitions:  A Simpler Way To Do Business with the Government?
    • Public Contracts and Procurement Regulations:  Keeping Pace in the Federal Marketplace
      Lormen Education (Bloomington, MN, June 2008)
      • Doing Business with the Government:  An Overview of Federal and State Procurement
      • Selling to the World’s Largest Customer 24/7/365:  GSA Schedule Contracting
    • Litigation Against the Federal Government in the Court of Federal Claims
      California Council for Affordable Housing (Lake Tahoe, CA, June 2006)
    • Litigating a Regulatory Taking Claim: A Practitioner’s View
      ALI-ABA (Boston, MA, Sep. 2005)
    • Prepayment Litigation: A Progress Report
      National Leased Housing Association (Miami, FL, Jan. 2005)
    • E-Procurement: Electronic Contracting with the Federal Government
      University of Minnesota, National Seminar on Government Contracts (St. Paul, MN, Oct. 2003)
    • Public Contracting in the Information Age
      National Institute of Governmental Purchasing (Bloomington, MN, May 2002)
    • Doing Business with the Federal Government
      Faegre & Benson Construction Seminar (Minneapolis, MN, March 2002)
    • Hot Topics in Government Contract Law
      National Contract Management Association (Minneapolis, MN, April 2001)
    • Past Performance: Past, Present and Future
      University of Minnesota, National Seminar on Government Contracts (St. Paul, MN, Nov. 2000)
    • Government Contracts
      Minnesota Project Innovation (Minneapolis, MN, Sept. 2000)
    • Commercial Pricing: Doing Business with the Federal Government
      National Contract Management Association (Denver, CO, Feb. 2000)
    • Past Performance: Whither Are We?
      National Contract Management Association (Minneapolis, MN, Nov. 1999)
    • Minnesota Construction Law: Payment and Performance Bonds
      Lorman Education Services (Minneapolis, MN, Oct. 1999)