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Building Better Construction Contracts 2016

Speaker(s): Anatoly M. Darov, Andrew J. Dell'Olio, David J. Hatem, PC, Dwight Larson, James Duffy O'Connor, Joshua Ballance, Laura Decker, Lori Ann Lange, Maureen McDonough, Patrick J. O'Connor, Jr., Patrick M. Miller, Robert J. MacPherson, Suzanne Harness, Suzanne M. McSorley, Timothy R. Twomey
Recorded on: Dec. 16, 2016
PLI Program #: 149149

Current Responsibilities:

Laura Decker is a Broker in Aon Risk Solutions’ Construction and Environmental Services Group based in New York. Her responsibilities include contract review and client advising on professional and environmental risk for construction projects. She is also responsible for designing and implementing complex risk management and insurance programs.



Areas of Expertise:

Laura works with clients across a number of industries including Real Estate, Infrastructure, Manufacturing, and Healthcare. She works closely with general contractors, construction managers and project owners to develop professional liability insurance and risk management solutions for risks associated with the design, construction, operation and maintenance of complex projects. Laura has experience with a variety of project delivery systems including design-build, public-private partnership and integrated project programs. Additionally, she works with property owners, sponsors, concessionaires, developers and contractors to design and implement coordinated (wrap-up) environmental insurance programs for large-scale construction and development activities.


Prior Experience:


Prior to joining Aon, Laura was with Marsh's Environmental Practice managing environmental risk for national clients based out of the Greater New York and New England Regions. She has also worked with the Army Corps of Engineers Regulatory Division and has a background in environmental affairs from her studies at the University of Miami.



Laura is a Licensed Property and Casualty Broker in the state of New York.



Laura received a dual Bachelor of Arts from the University of Miami in Economics and Environmental Affairs.

Dwight serves as senior vice president and general counsel. He leads Mortenson’s legal department and is responsible for oversight and counsel in the company’s legal affairs and in areas of compliance and corporate governance. Dwight joined Mortenson in 2004.

Prior to joining Mortenson, Dwight served as corporate counsel for Honeywell’s building controls business. He also worked as a construction lawyer at the firm of Leonard Street & Deinard (now Stinson Leonard Street) and as a civil engineer at BRW, Inc. and other consulting firms. Dwight earned a bachelor’s degree in civil engineering from the University of Idaho and studied law at the University of Minnesota. He is a licensed professional engineer in addition to being a lawyer.

Maureen McDonough is both an engineer and an attorney with more than 35 years of experience in the delivery of complex capital projects focusing on procurement, development and negotiation of contracts, risk management and dispute resolution.  Over the course of her career, she has been significantly involved in three multi-billion dollar capital improvement programs including the Boston Harbor Clean-up for the Massachusetts Port Authority, the Renovation of Logan Airport for the Massachusetts Port Authority and Allston Development for Harvard University.

Maureen is currently the Senior Director of Administration Strategies for Planning and Project Management at Harvard University.  HPPM provides Capital Planning, Campus Planning and Project Management Services at the University. 

Prior to joining Harvard, Maureen was an Assistant Director in the Capital Programs Department at the Massachusetts Port Authority for ten years.  During that time, Maureen participated on the Construction Reform Commission in Massachusetts, which was responsible for implementing the most sweeping changes in Massachusetts construction law for many decades.

Maureen holds a bachelors degree in Civil Engineering from Northeastern University and a Juris Doctorate from Suffolk Law School and was admitted to the Massachusetts Bar in 1988.  Maureen is a member of the BIMForum Board of Directors and also serves on various advisory boards for multiple universities.  Maureen is also an appointed member of the Building Renovation Committee in her hometown of Canton, MA.

Anatoly Darov is Chairman of the firm’s Design & Construction group and Co-Chair of the Real Estate Group. He represents clients in a variety of design, construction, environmental and real estate matters.  He advises public and private sector owners, design professionals, and construction contractors in complex construction, government contracts, and project delivery and procurement matters, including all forms of alternative project delivery.  Mr. Darov has advised companies on regulatory and risk management issues relating to the deployment of unmanned aerial systems on construction projects. 

Mr. Darov is a registered professional engineer in the Commonwealth of Massachusetts and has worked in an engineering capacity on a variety of major infrastructure projects. Prior to joining Burns & Levinson LLP, he was an associate with Hinckley, Allen & Snyder LLP in Boston.

Mr. Darov is admitted to practice law in Massachusetts and the U.S. District Court for the District of Massachusetts.  Mr. Darov is a member of the Boston Bar Association’s Real Estate Section and the American Bar Association’s Forum on the Construction Industry.  He served as Region 1 Governor of the American Society of Civil Engineers and Past-President of the Boston Society of Civil Engineers.  Mr. Darov is also an active member of the National Association of Industrial and Office Properties Environmental Committee.

Mr. Darov received his J.D. degree in 2000 from the New England School of Law.  He received his M.S. and B.S. in Civil and Environmental Engineering from the University of Massachusetts at Amherst in 1996 and 1994 respectively.


  • Mr. Darov was presented with a University of Massachusetts College of Engineering 2013 Outstanding Junior Alumni Award on October 19, 2013.
  • Mr. Darov was selected for inclusion in Massachusetts Rising Stars ® (2012 and 2011). Super Lawyers and Rising Stars employ an annual jurisdictional selection process. Only five percent of lawyers in the state were selected to the Super Lawyers list and 2.5 percent to the Rising Stars list. The listing appears annually in the November issue of Boston magazine and in New England Super Lawyers.
  • Denis Maguire Pro Bono Award, BBA’s Volunteer Lawyers Project, 2002

News Quotes

  • Anatoly Darov was quoted in the article “State Proposes Brownfields Reform” by James Cronin, in the Banker & Tradesman on May 12, 2013.
  • Anatoly Darov was quoted in the article “How to Experience Trumps Cost in the Hunt for an Engineer” by Linda Goodspeed, in the Boston Business Journal on September 17, 2010.
  • Anatoly Darov was interviewed on WBZ News Radio 1030 regarding the results of the American Society of Civil Engineers 2009 Report Card for America's Infrastructure as well as the infrastructure in the state of Massachusetts on January 28, 2009.
  • Anatoly Darov was quoted in the article “Big Dig Firm Lands Airport Project” in the Boston Globe on November 21, 2008.
  • Anatoly Darov was quoted in the article “Hearing on Rockport zoning changes draws dozens” in the Gloucester Daily Times on February 19, 2008.
  • Anatoly Darov was quoted in the article “Planning Board supports 'Cultural Overlay District'” in the Gloucester Daily Times on February 12, 2008.
  • Anatoly Darov was interviewed by WERS in connection with the 135W bridge collapse and related infrastructure issues in Massachusetts on August 7, 2007.
  • Anatoly Darov was quoted in the article “Local school districts lose SJC fight” by Jennifer Kavanaugh in the Daily News on Friday, March 23, 2007.

Articles and Publications

  • “Public-Private Partnerships Bridge Gaps,” Banker & Tradesman, May 2016
  • “Public-Private Partnerships Offer Alternative Model for Water Infrastructure Projects,” Lexology, July 2, 2015
  • “Public-Private Partnerships Offer Alternative Model for Water Infrastructure Projects” Municipal Advocate, May 2015, a publication of the Massachusetts Municipal Association.


  • “Solving the Public Works Infrastructure Funding Gap: Public Private Partnerships," The Municipal Law Quarterly, Spring 2015 (Vol. IV, Issue III) a publication of the Massachusetts Municipal Lawyers Association.
  • “Massachusetts Enacts New Retainage Law Applicable to Private Construction Projects,” CIM Construction Journal, August 2014
  • “A Primer on Public-Private Partnerships,” CIM Construction Journal, December 2013
  • “Can the Private Sector Help Solve the Infrastructure Funding Gap?,” Burns & Levinson Focus Newsletter, Spring 2013
  • “Design & Construction Practice: 2012 Year in Review,” Burns & Levinson Design & Construction Update, January 2013
  • “Federal District Court Overturns Municipal Responsible Employer Ordinance,” BSCES News, November 2011
  • “Massachusetts Enacts Design Professional Lien Law,” Burns & Levinson Design & Construction Update, February 2011
  • “The New Design Professional Lien Law,” BSCES News, February 2011
  • “New Law Regulates Construction Contracts on Private Projects,” Burns & Levinson Focus Newsletter, Winter 2011
  • “New Data Security Law will Impact the Construction Industry,” Construction Journal, Vol. 88, July 2009
  • “Environmental Sustainability and Clean Technology—Implications and Business Opportunities of Increased Governmental Regulations,” Burns & Levinson Focus Newsletter, Spring 2008
  • “Open for Business - Massachusetts Overhauls Key Permitting Laws,” Burns & Levinson Real Estate Update, Octobacer 2006
  • “Revisiting the Massachusetts Brownfields Tax Credit Program,” April 2006
  • Numerous legal articles for BSCES News and other engineering and construction industry publications

Speaking Engagements

  • Speaker, “Unmanned Aircraft Systems – Applications for A/E Firms and Risk Management,” ACEC Webinar Program, February 3, 2016
  • Speaker, “Public Private Partnerships:Roundtable Discussion on the Funding Source to Rebuild America’s Infrastructure,” Boston Society of Civil Engineers/ASCE, January 14, 2016
  • Speaker, “UAS—Risk Management and Insurance,” ABA Construction Forum, Fall Meeting, October 8, 2015
  • Speaker, “The ABCs of P3s,” Massachusetts Municipal Association Annual Meeting & Trade Show, January 23, 2015
  • Speaker, NAIOP Government Affairs Roundup, October 28, 2014
  • Speaker, “Public-Private Partnerships,” Massachusetts Municipal Lawyers Association Annual Conference, October 16, 2014
  • Speaker, “Public-Private Partnerships,” Law Firm Alliance Real Estate Community, February 26, 2014
  • Speaker, “What Contactors Need to Know About OCIPs and CCIPs,” Associated Builders and Contractors, Inc. Breakfast Meeting, October 9, 2013
  • Presenter, “P3S – Not Just Mega Projects Anymore,” ABA Forum on the Construction Industry - 2013 Fall Meeting, September 27, 2013
  • Anatoly Darov participated in a virtual roundtable on Corporate Live Wire on the topic, “Construction & Real Estate,” on May 13, 2013.
  • Speaker, “Legislative Developments in Construction Law,” American Bar Association Forum on the Construction Industry 2013 Annual Meeting, April 25-27, 2013
  • Faulty, “Understanding Geotechnical Reports and Designs in Massachusetts,” Lorman Education Services, September 28, 2010
  • Panelist, “Reform is extremely important but what about revenue? Toward the Development of a Sustainable Statewide Transportation Fiscal Policy,” at the ITS Massachusetts 15th Annual Meeting and Conference on April 29, 2010

Andrew J. Dell’Olio is an attorney in New York City where he specializes in construction law.  He received his B.A. in Political Science from Hunter College of the City University of New York and his J.D. from Brooklyn Law School.  He previously practiced construction and procurement law with the New York City Housing Authority.  Prior to government service, Andrew worked as foreign counsel to a Brazilian law firm in São Paulo, Brazil, representing multinational clients in cross-border corporate transactions, including utility privatizations and industrial commercial agreements.

Joshua W. Ballance, Esq. is Senior Manager and Counsel on the AIA Contract Documents team at the American Institute of Architects, Washington, D.C. Joshua works actively in the creation and revision of AIA Contract Documents and provides assistance to users of AIA documents. He worked with the AIA Documents Committee on revisions to A310-2010, Bid Bond, A312-2010, Payment and Performance Bonds and on the AIA’s recently released housing documents. He also worked actively with the Documents Committee in the development of the AIA’s Bond Form Commentary and Comparison as well as the AIA’s three families of standard form integrated project delivery agreements.

Joshua obtained his J.D. from the Stetson University College of Law in 2004. Prior to joining the AIA, Joshua worked as a Staff Attorney at Clark Construction Group, LLC in Bethesda, Maryland. Joshua is a member of the Florida Bar and American Bar Association.

Lori Ann Lange is a Partner in the Washington, D.C. office of Peckar & Abramson, where specializes in government contract law, construction law, bid protests, and corporate compliance counseling.  She represents a range of government contractors, including construction contractors, major defense contractors, informational technology contractors, and service contractors.  Ms. Lange has written and lectured on significant issues facing the government contracts and construction industries, including small business subcontracting, the Buy American Act, the False Claims Act, and corporate compliance.

Ms. Lange counsels government contractors in all aspects of contracting with the federal government.  She has extensive experience with the review and interpretation of solicitations, and the drafting and negotiation of prime contracts, subcontracts, joint venture agreements and teaming agreements. She routinely counsels large and small businesses on the federal government’s small business and mentor-protégé programs. Ms. Lange also provides advice on government contract compliance requirements, assists in constructing and implementing mandatory compliance programs, provides ethics training, and performs compliance audits.

PATRICK J. O’CONNOR, JR.  Partner with the international law firm of Faegre Baker Daniels, LLP in its Minneapolis, Minnesota office.  He received his B.A. degree from Hamline University in 1975 and his JD degree from The American University in 1981.  He was law clerk to Miles W. Lord, Chief Judge of the Federal District Court for the District of Minnesota.  Mr. O’Connor’s practice focuses on construction, suretyship and insurance.  He has served as litigation or coverage counsel for contractors, owners, design professionals, and product suppliers in disputes venued in over 25 states and Canada.  He also acts as a mediator, arbitrator and expert witness in construction and insurance disputes.  Mr. O’Connor is co-author of Bruner & O’Connor on Construction Law (West Group 2002), a twelve-volume construction law treatise.  He was an adviser to the American Law Institute’s Restatement of the Law Third, Suretyship and Guaranty.  He works closely with a number of industry organizations on Building Information Modeling and Integrated Project Delivery initiatives.  Mr. O’Connor currently is Co-Chair of the BIMForum’s Legal Subforum.  Since 2007, Mr. O’Connor has counseled the AIA’s Documents Committee in connection with numerous contract forms.  Mr. O’Connor has held LEED AP (New Construction) certification through the U.S. Green Building Council.  He is a Fellow, former member of the Executive Committee, and Past-President of the American College of Construction Lawyers.  Mr. O’Connor is also a former member of the Governing Committee for the ABA Forum on the Construction Industry.  Mr. O’Connor is listed in “The Best Lawyers in America,” “International Who’s Who of Construction Lawyers,” and “Minnesota Super Lawyers.”  (Contact Pat O’Connor at 612-766-7413 or email at

Patrick Miller partners with clients to maximize value in executing major projects in the ever-evolving construction industry. Patrick is a co-leader of Faegre Drinker's Chicago team.

Patrick is experienced in public infrastructure, design-build and P3 procurement. He serves on the Design-Build Institute of America’s (DBIA) Legal Committee and is one of few lawyers in the nation approved to teach DBIA’s Contracts and Risk course. He has extensive experience with heavy civil and highway construction, P3 projects, and real estate development.

Patrick also represents clients in construction and real estate litigation, helping resolve disputes in Chicago, Indiana and throughout the country. He has represented clients in change and delay claims, construction defect matters, commercial foreclosure and workout litigation, among other issues.

Patrick graduated from Marquette University Law School and the University of Wisconsin-Madison.

Robert J. MacPherson is a Fellow of the American College of Construction Lawyers and former Chair of the ABA Forum on Construction Law.  He has been practicing construction law since 1981, focusing his practice on drafting and negotiating all manner of contracts relating to construction projects and the resolution, through negotiation, mediation, arbitration and litigation, of construction disputes.  He is admitted to practice in the State and Federal Courts in New Jersey and New York.

Mr. MacPherson regularly acts as construction contract and disputes counsel for contractors, subcontractors suppliers and owners involved in building and heavy civil construction for public and private work. He has been lead counsel in disputes involving contract termination (both prosecuting on behalf of owners and defending on behalf of contractors), liens, surety bonds, extra work claims, defective work claims, scheduling and delays.

He teaches Construction Law at Rutgers Law School, Newark, N.J..

Mr. MacPherson also acts as a mediator and arbitrator and has been involved in developing and conducting mediation education and training programs in New Jersey.  He taught Alternative Dispute Resolution at Rutgers Law School from 1996 until 2004.

Representative Matters

Defended cooperative housing corporation in action by municipality seeking over $20 Million for the repair of the concrete encased columns and slab supporting  the coop’s building over a major urban highway.  Issues include legality of emergency contract let without public bidding, access rights to public roadway to maintain coop’s structures, impossibility of performance, beach of implied contractual duties and liability of municipality for corrosive effect of road deicing materials on coop’s concrete structures.

Provided Construction Contract advice on one of the first P 3 projects in the New York area

Negotiated EPC and Operations & Maintenance agreements on behalf of Develpoer for 42 MW bio-mass power plant being built in Ireland.

Represented a non-profit foundation in the negotiation of a $500 million construction management agreement.

Negotiated a $180 Million construction management agreement for a major retail development on a “Brownfield” site in Brooklyn, New York. Advised the construction manager on issues that arose during construction.

Acted as construction contract and claims counsel for owner/developer of several hydroelectric projects in upstate New York.  Prepared and negotiated contracts with designers, contractors and major equipment suppliers.  Provided advice on claims and disputes that arose during construction and litigated extra work, delay and warranty claims. 

Represented design-builder of a power plant in a dispute with the supplier of two 315 MW CFB Steam Generators.  Primary issue was the use of 3D modeling in the design process.  Other issues included design deliverable liquidated damages and concurrent delays.

Arbitrator in a dispute between the Owner and Design Builder of a gas fired peaking plant.  The design build contract value was in excess of $40 million and a separate turbine supply contract between the owner and turbine manufacturer was approximately $60 million.  Issues included coordination between the design builder and the turbine supplier, delays, construction defects, manufacturing defects and performance guarantees.

Arbitrator in a dispute involving a design-build contractor’s $30 Million claim against , an insurer under a manuscript policy providing coverage for certain payment obligations of the project owner and a performance bond surety arising out of a landfill closure project.

Arbitrator in a dispute involving the sale of a construction company where the future revenue from a public construction project was the source of the funding for the purchase price.

Arbitrator in a dispute arising out of contracts for roof systems on two office buildings. Issues include statue of limitations, choice of law, limitations of liability provisions and warranty claims, including a claim the warranty failed of its essential purpose.

Arbitrator in a dispute between contractor and subcontractor on several public housing authority projects. Issues included the subcontractor’s claim that it was the general’s joint venture partner, a project suspension by the owner and the application of the Eichleay formula for a home office overhead claim arising out of the suspension, and extra work claims.

Mediator in over 100 construction contract, construction defect, insurance and surety disputes involving from two to over forty parties with claims ranging from thousands to millions of dollars.

CallisonRTKL is an approximately 2,000-person architecture, engineering, planning and interior design firm headquartered in Baltimore, Maryland, with multiple offices both nationally and worldwide. Tim has over thirty-nine years of corporate management, administrative, legal practice and risk management experience, thirty-five of which have been while in-house counsel to The Architects Collaborative, Shepley Bulfinch Richardson and Abbott, RTKL Associates Inc., and now CallisonRTKL Inc.

Tim is a registered architect in numerous jurisdictions and is a member of: the Massachusetts Bar Association; the California Bar Association; the American Bar Association and its Forum Committee on the Construction Industry; He is a Fellow of the American Institute of Architects, where he is a past member and Chair of its Documents Committee, Chair of the Task Group which produced AIA's 2004 Design/Build Documents, a member of the Task Group that produced AIA's A201-2007 General Conditions, and Chair of the Task Group that produced the AIA’s 2008 integrated project delivery documents; the Boston Society of Architects (including a former member of the Board of Directors, former Commissioner of Professional Practice, member of the BSA/AGC Design/Build Task Force, and past member and chair of the BSA’s Ethics Committee); and past member of Design Professional Insurance Companies Architects Advisory Council.

Licensed both as an architect and an attorney, Suzanne Harness focuses her legal practice on contract formation.  She provides risk management and other consulting services through Harness Project Solutions, LLC. She is an arbitrator on the American Arbitration Association’s panel of construction neutrals.

From 2002 through 2008 she was responsible for the content of AIA Contract Documents including the 2004 Design-Build Family, the 2007 revisions to the A201 Family, and new agreements for digital data transmission, Building Information Modeling, and Integrated Project Delivery. Prior to joining the American Institute of Architects, she practiced in the construction practice group of the Washington, DC office of Seyfarth Shaw LLP. Earlier in her career as an architect she served as an in-house owner’s representative for public and private owners, including the US General Services Administration, and as a project architect with architecture firms in the Washington, DC area.

An active writer and speaker, she is the author of the article Owner-Generated Agreements, in the 15th Edition of the AIA Handbook of Professional Practice published in 2013 and Public Private Partnerships: Managing the Opportunities and Risks for Zurich North America in 2015. She also authored chapters in books published by the American Bar Association in 2014: Integrated Project Delivery, Tri-Party Agreements, and Other Collaborative Arrangements, published in the book Construction Subcontracting; and Initial Decision Maker, published in Construction ADR. Recent speaking topics have included public-private partnerships, design-build and Engineer-Procure-Construct contracting, modern alternatives to the professional liability practice policy, and enterprise risk management. In September 2013, she presented “Design-Build Then and Now” at the ABA Forum on the Construction Industry’s Fall Meeting. In June 2014 she presented “What’s Hot in Design-Build” at the Practicing Law Institute’s annual construction conference in New York City.       

She received a B.S. in Architecture and M. Arch. from the Catholic University of America, and J.D. from the George Washington University Law School. She is a member of Tau Beta Pi, the national engineering honor society, as well as the American Institute of Architects, the American Bar Association’s Forum on the Construction Industry, and the Dispute Resolution Board Foundation.

Sue concentrates her practice in complex commercial litigation and dispute resolution, counseling clients in the pharmaceutical, manufacturing, construction, insurance and health care industries, with a particular emphasis on construction matters. In addition, she has extensive experience as a mediation neutral and 20 years of experience in representing and counseling lawyers on ethics-related issues.

Sue devotes a substantial part of her construction practice to representing parties, especially owners, in negotiating and drafting agreements of all types relating to construction projects.

Since 1997, she has served as a mediation neutral in assisting parties in hundreds of matters to resolve disputes outside of the litigation process.

She has received certificates from the National Institute for Trial Advocacy and the Center for Mediation in Law and currently serves as a mediator on the roster of mediators for court-annexed mediation in New Jersey. Sue is also a charter member of the National Academy of Distinguished Neutrals, an invitation-only professional association for mediators and arbitrators who are well established as trusted neutrals in the legal community, and an arbitrator on the roster of commercial and construction arbitrators with the American Arbitration Association. She was named 2005 “ADR Practitioner of the Year” by the New Jersey State Bar Association for her contributions to advance the cause of mediation and other forms of alternative dispute resolution in New Jersey.

David J. Hatem is a partner in the Boston-based law firm Donovan Hatem LLP. Nationally recognized for his expertise in representing engineers, architects and construction management professionals, David leads the firm’s Professional Practices Group which serves design professionals. David has been practicing law for approximately 40 years and has served as ACEC/MA Counsel since 1988. In recognition of his extraordinary career dedicated to the engineering sector, David received the Engineering Center Education Trust 2016 “Leadership in Professional Practice Legal Services” award and the 2008 ACEC Distinguished Service Award. David teaches Legal Aspects of Engineering at Tufts University and Legal Aspects of Civil Engineering at Northeastern University Graduate School of Engineering. He has authored and edited numerous articles and publications in his field of expertise, including the second edition of Public-Private Partnerships and Design-Build: Opportunities and Risks for Consulting Engineers, Subsurface Conditions: Risk Management for Design and Construction Management Professionals, Design-Build Subsurface Projects, and Megaprojects: Challenges and Recommended Practices.

Jim O'Connor is a partner at Maslon, where he co-chairs the firm's Construction Law Group. A lawyer for more than 37 years, O’Connor devotes his practice exclusively to construction and construction insurance-related matters. He represents engineers, general contractors, specialty contractors, owners, and designers in contract formation and construction matters throughout the United States. Jim is a Fellow of the American College of Construction Lawyers, a Fellow of the American Bar Foundation, the former Chair of the ABA Forum on Construction Law, and an active member of the AGC's Contract Documents Committee and its Risk Management Committee. He has published extensively in the construction law area, including the following works: Sticks and Bricks: A Practical Guide to Construction Systems & Technology (ABA 2001), co-editor; AGC Contract Documents Handbook, Chapter 2, “Owner-Contractor Agreements” (Aspen 2003); “Wrestling with Reform: Indemnification Agreements, The Statutory Bars, Promises to Procure, and Insurance Products for the Construction Industry,” 1J.A.C.C.L. 57 (West 2007); The A201 Deskbook: Understanding the Revised General Conditions, (ABA 2008); and “It’s a Matter of Time: Delay and Change,” 8 J.A.C.C.L. 1 (West 2014). In 2011, O’Connor authored the article “What Every Court Should Know about Insurance Coverage for Defective Construction," 5 J.A.C.C.L. 1 (West 2011), for which he was selected as 2012 Distinguished Legal Writing Award recipient by The Burton Awards for Legal Achievement.