Minnesota Construction Breach Of Contract Lawyer

Construction Breach of Contract Attorney in Minnesota

Contracts are a critical part of any relationship within the construction industry. When a customer or supplier does not uphold their end of a contract, a Minnesota construction breach of contract lawyer from Minnesota Construction Law Services (MNCLS) can help hold the accountable party liable for their unkept promises.

At MNCLS, we have over a decade of experience helping our clients resolve disputes effectively so you can move forward with confidence. As former business owners and entrepreneurs ourselves, we know the negative impacts a contract dispute can have on a business. From stifling cash flow to harming your reputation, a contract dispute can place undue stress on your company. We work to resolve contract disputes efficiently and help you avoid drawn-out litigation whenever possible. From the beginning, we offer focused legal insight to help you avoid disputes and keep your business on track.

Enforcing Construction Contracts and Resolving Breaches

A construction contract is a rulebook that keeps projects, working relationships, and expectations successful. When there is a breach of contract it means that one of the parties did not uphold their portion of the contract, meaning they broke the rules. When rules are broken in construction it can significantly harm the contractor’s business, including not receiving payments, delaying projects, damaging partnerships, impairing reputation, and more. A contract should safeguard the contractor, so when it is not followed, we make sure that the contractor remains protected.

MNCLS focuses on practical legal strategies tailored to protect your business interests and preserve options. We are transparent about your options so you can make an informed decision based on realistic outcomes. No matter the type of breach of contract or the route you want to take, we’re ready to help protect your interests and uphold the terms of your agreement.

Common Types of Contract Breaches in the Minnesota Construction Industry

In the United States, more than 27,000 contract violations happen every year. As a contractor, subcontractor, architect, engineer, or material supplier, having a solid contract in place is vital for protecting your business and your right to be paid for your work. As the 8th largest employer in the state of Minnesota, the construction industry thrives on upheld contract terms and strict regulatory precautions.

In a breach of contract dispute, such as between a home builder and their client or between a contractor and lumber supplier, understanding what kind of contract breach you are experiencing is vital. The most common kinds of contract breaches in the Minnesota construction industry include the following:

• Minor breach. This kind of breach can occur when one party involved in the contract fails to perform a small area of their agreed-upon obligations. One example might be when a home builder hires a painting subcontractor to paint the home using a certain kind of paint. If the subcontractor uses a paint type other than that outlined in the contract, this can be considered a minor breach of contract, and a lawyer’s help may become necessary.
• Material breach. This kind of contract breach occurs when one of the parties involved fails to perform their job, and the failure causes significant harm. One example might be when a housing developer hires a concrete company to pour a foundation for a housing development in St. Paul. If the concrete company abandons the project without finishing the foundation, this renders the structure unstable and unusable, and this can delay the completion of the project.
• Anticipatory breach. This kind of contract breach occurs when one of the parties involved indicates to the other parties that they will not be completing the contractual obligations by the due date. One example might include when a home builder hires an electrical subcontractor to wire an entire home by a certain date. If the electrical subcontractor signs the contract but doesn’t complete the work by the due date, a breach has occurred.
• Fundamental breach. This is a severe breach of contract that allows the party who has not breached the contract to terminate the contract and file a claim for damages if they so choose. One example might include a subcontractor using substandard or poor materials, resulting in a building’s failure to pass necessary inspections. The builder, engineer, or contractor who hires the subcontractor can file a claim for damages.

Our Role in Your Case

When you work with the team at MNCLS, you gain the confidence of working with experienced attorneys who focus exclusively on construction law. Contract breaches require legal precision and practical guidance—our team provides both. When one party fails to fulfill their contract obligations, we advocate for your rights. Our legal services include the following:

• Evaluating your claim. We can look over the contract and the details of the alleged breach, determine if and how it occurred, and decide whether it is a minor, material, anticipatory, or fundamental breach.
• Negotiating and resolving the case. We can enter into negotiations with the other parties involved and their legal teams in order to reach a resolution that serves your goals and protects your rights if the contract has been breached.
• Drafting and reviewing future contracts. We can continue to work alongside you on any future contracts, working to draft and review them to ensure no breaches occur.

What is Our Process?

Step One: Suing or being sued?

First, we have to determine if we are the ones suing or if we are the ones being sued. If we are on the offense, we spend more time on steps two and three to resolve the dispute or draft a plan. If we are on the defense, our time is limited and instead strategize accordingly.

Step Two: The pre-suit dispute resolution

We take the best action that will benefit your business, or what MNCLS calls the “business solution.” We try to find a way to avoid a lawsuit (if we’re on offense) or end it quickly (if we’re on defense) by working with the other party to find a resolution. If a resolution is not possible, we move to step three.

Step Three: The planning, research, and drafting

After telling us more about the dispute, we dig deep into the provided documents and the law for extensive research. From there, we come up with our strategy for moving forward and either initiate or respond to the lawsuit. We also gather additional information or data for the case.

Step Four: The discovery

After the lawsuit has begun, we start the process of finding out what the other side knows and the documents they have through written and in-person discoveries. The purpose of the discovery process is to gauge the opponent’s offense or defense to ensure we are properly prepared.

Step Five: The motion practice

During the discovery process, we also enter into motion practice. Motion practice is where the attorneys are asking the court to do something, such as dismissing the case, asking the other side to produce a document or answer a question, or excluding a witness or document from the case.

Step Six: The mediation

The court almost always requires an alternative dispute resolution. At MNCLS, we always participate in mediation unless arbitration is required by the court or the contract. Mediation is similar to our pre-suit dispute resolution, but it is done in front of a neutral party to establish a resolution without the use of litigation.

Step Seven: The pre-trial

Pre-trial preparation involves not only preparing our argument for trial but organizing all of our court documents, providing our witnesses with notice, drafting our jury instructions and verdict form, and many other final details to prepare for a favorable trial.

Step Eight: The trial

A trial can range from one day to several weeks. Most cases that we have are between 1-5 day trials. The number of days at trial depends on the dispute, whether we were able to narrow issues down through our motion practice and the number of documents and witnesses.

Common Issues in Construction Contract Breaches

A breach of contract can be a result of various factors and from different parties. Since contractors are a fundamental part of construction, the rules outlined in the contract must be upheld so each party delivers and receives what they agreed to. For contractors, if a contract is broken or disputed it can significantly inhibit their performance, project, or business. We understand how vital contracts are to our clients. In addition to enforcing them when disputes arise, we help draft strong agreements to prevent issues from occurring in the first place. We help contractors build contracts that will protect them and their business.

What to Do if a Contract Is Breached

When a contract is breached, it is important to know what your rights are under Minnesota law. If you believe a contract has been breached, there are steps you can take, including:

• Review the contract in question and pay close attention to the deadlines, obligations, and conditions that might be related to the alleged breach.
• Document the breach by gathering evidence. This can include the contract itself, emails, invoices, letters, receipts, or any other relevant documents and communication that can prove the other party’s failure.
• Assess any damages that you and your company may have suffered because of the contract breach. This can include any monetary losses, additional expenses that may have occurred, and lost profits caused by the breach.
• Communicate with the breaching party if the nature of the breach and contract terms allow. You can clearly lay out the terms of the contract and the breach itself, and communicate how it has affected you and your business, and what your expectations are for moving forward. If an informal discussion does not turn out fruitful, you may send a formal demand letter.
• Consult with an attorney who can review the situation and help you determine if you should enter into negotiations or if litigation is a better route for your breach of contract case.

Speak to a Construction Breach of Contract Lawyer in Minnesota Today

At MNCLS, we understand the challenges of breach of contract issues. Our team is here to support you and determine the correct course of legal action to take in your case. Contact our offices today to learn more regarding our services. We are here to ensure your business grows and you collect the funds you deserve in benefit of both yourself and your employees. Let us help you protect your business and secure the outcome you deserve.