The POWER 30: Aaron A. Dean

Moss & Barnett

“There is no greater threat to freedom and livelihood than a government employee with power and a grudge,” said construction lawyer Aaron A. Dean of Moss & Barnett, where he has a contractor-side construction law practice. “One of the court’s main functions is to protect citizens from their own government.”

He and his client learned this point of view in the case Nordic Underwater Services, Inc. v. City of Proctor. The city solicited bids for a public works garage, and Nordic was the low bidder at $605,591. But the contract was awarded to Ray Riihiluoma Inc., adding $127,000 in costs.

A judge in St. Louis County issued a temporary restraining order although work had started. The court later issued a permanent injunction to stop construction, but the city ignored it. According to a brief filed with the court, the city attorney advised the City Council that Nordic was not a responsible bidder and met with the council and mayor in a closed session. The city made the calculated and deliberate decision to ignore the court’s orders in order to try to protect in-place construction work, and then worry about the consequences later, Dean said in a brief.

The city has appealed the permanent injunction to the Court of Appeals.

Dean has handled about 200 bid protest cases and is looking for justice for his client, including attorney fees. “We have no interest in seeing this happen again.”

Dean has an active construction practice at Moss & Barnett and has carved out a niche as an expert in the Occupational Safety and Health Act (OSHA), representing employers and contractors. He started with an injury in a trench excavation case and has continued to represent employers going through OSHA investigations and litigation.

He has handled more than 300 OSHA-
related cases in 22 states, including 30 fatalities. You have to fight almost every citation so the client isn’t hit with a repeat citation down the line, which increases the penalties, Dean said.

He is currently handling the largest OSHA case in the U.S. against a company whose parent is in Holland. The parties are working to finalize a settlement, but Dean said the company will change its safety procedures and is facing a $2.5 million fine.