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HTMLCourt Can Act as Bondsman and Require Contractors to Procure Warranties Through Specific Performance
Suriya Edwards, Julie Teal; Withers Bergman LLP;
Legal Alert/Article
May 15, 2015, previously published on April 30, 2015
We come across situations sometimes where contractors agree to enter into contract with clients, with a form of bond or collateral warranty attached to the contract. The contract is signed and works commence on site. Both the contractor and the client are well into the project. The contractor then...

 

HTMLDon’t Delay: Document, Document, Document & Document Some More
Kevin A. Rust; Vandeventer Black LLP;
Legal Alert/Article
May 15, 2015
If you are being delayed on a project, it is critically important that you document the delay, how much it is costing you, and who or what is causing the delays.

 

HTML328 Barry Avenue, LLC v. Nolan Properties Group, LLC a. Carciofini Company, et al., Court File #A14-0724. 
Elizabeth S. Poeschl; Meagher & Geer, P.L.L.P.;
Legal Alert/Article
May 14, 2015, previously published on March 16, 2015
This opinion is important because the Court of Appeals addressed questions related to the Minnesota two-year statute of limitations that applies to all construction projects. The construction project at issue began in 2008. In October 2009, when the construction was ongoing, the general contractor...

 

HTMLBeware of New Legislation on "Responsible Contractors" that May Impact You 
Elizabeth S. Poeschl; Meagher & Geer, P.L.L.P.;
Legal Alert/Article
May 14, 2015, previously published on January 1, 2015
On January 1, 2015, the Minnesota legislature's "Responsible Contractor" statute became effective. This statute, found in Minnesota Statute 16C.285, is intended to prevent contractors that have committed unlawful practices from performing public work. The new statute sets up a frame work...

 

HTMLSmith v. Wells Concrete Products Co., Court File #A14-0644.
Elizabeth S. Poeschl; Meagher & Geer, P.L.L.P.;
Legal Alert/Article
May 14, 2015, previously published on March 16, 2015
Wells Concrete Products Co. hired Plaintiff Smith as its painting subcontractor. Wells did not control or direct Smith's work. The parties agreed that she was an independent contractor. Smith fell and was injured while working on Wells' project. Smith sued Wells, arguing that Wells had a duty to...

 

HTMLTimely Notice: The Email Solution
Richard G. Meyer; Dressman Benzinger LaVelle psc;
Legal Alert/Article
May 14, 2015
A recent federal court opinion emphasizes the importance for a contractor to comply with a contract provision requiring written and timely notice of claims. The contract at issue was a subcontract between the General Contractor in a state highway project and the blasting subcontractor. It required...

 

HTMLMinnesota Legislature Passes Anti-Indemnification Law to Benefit Construction Design Professionals
Mark A. Bloomquist, Elizabeth S. Poeschl; Meagher & Geer, P.L.L.P.;
Legal Alert/Article
May 14, 2015, previously published on March 16, 2015
In 1983, the Minnesota legislature enacted Minnesota Statutes Chapter 337, commonly called the construction anti-indemnification law. The intent of the law was and is to make parties to a construction project liable only for their own respective fault and not to unfairly impose liability for...

 

HTMLCourt's Finding on "Damage" Can Lead to More Work for Contractors, Possible Changes to Future Policy Language
Elizabeth S. Poeschl; Meagher & Geer, P.L.L.P.;
Legal Alert/Article
May 14, 2015, previously published on February 1, 2015
The Minnesota Supreme Court recently issued a decision in Cedar Bluff Townhome Condo Assoc. v. American Family. The opinion in this case is important because it could directly impact, and directly benefit contractors, that perform any remedial and repair work.

 

HTMLManage Risk by Looking at These Three Common Construction Contract Issues
David E. Leavenworth, Kelley G. Shirk; Hall & Evans, LLC;
Legal Alert/Article
May 13, 2015
While many construction contracts are based on AIA forms and other boiler plate documents, negotiating contract provisions to shift and limit risks is still an art form. From a litigator’s perspective, there are a number of standard contract provisions that give rise to the most commonly...

 

HTMLBurn Pit Cases: U.S. Supreme Court Denies KBR¿s Request to Consider Contractual Issues Regarding Liability
Motley Rice;
Legal Alert/Article
May 6, 2015, previously published on January 21, 2015
The U.S. Supreme Court announced on Jan. 20, 2015 that it will not hear the arguments of government contractor KBR regarding In re KBR Inc. Burn Pit Litigation. As a result, the MDL, which encompasses suits against KBR and other defense contractors who allegedly jeopardized the health and safety of...

 


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