Minnesota Construction Defect Lawyer

Construction Defect Attorney in Minnesota

As a contractor, subcontractor, or homebuilder, dealing with a construction defect claim can quickly become one of the more challenging and expensive experiences of your career. Whether you are facing allegations of poor or faulty workmanship, flaws in the overall build design, or deficiencies in building materials, a construction defect claim can disrupt your livelihood and place your reputation at risk. A Minnesota construction defect lawyer can provide the legal defense necessary to protect your company.

At Minnesota Construction Law Services (MNCLS), our attorneys have been here for well over a decade easing the stress of owning a construction company. We have the experience necessary to help our clients navigate the difficulty of legal cases when it comes to construction law, and our knowledge can offer you the upper hand in your case. Trust us today to help provide the information you need to avoid litigation and help get your business back on track.

MNCLS provides targeted legal defense to protect your reputation when a construction defect claim arises.

Construction Defect Claims and Contractor Defense

When you receive a construction defect claim, the first step is to reach out to us. Unless the prime contractor is going to take care of the defect on its own, most insurance policies require contractors to notify their insurer early, before much legal defense work is done to address the dispute.

At MNCLS, we can handle this aspect of the claim on your behalf. We can notify the insurer, known as tendering the claim, and request that the insurer allows us to defend the contractor with the insurer footing the bill. If required, we may negotiate our rate of pay with the insurer so that our client doesn’t have to work with an unknown attorney. The insurer will either take on the legal defense for the contractor or decline to do so. If the insurer declines the tender, MNCLS continues to provide top-notch legal defense.

Minnesota Construction Law Services will be your advocate throughout the entire process, either handling the defense or coordinating with your insurance-provided representation. Our experience resolving construction defect claims ensures that we implement resolutions that benefit the contractor.

What is Our Process

Step One: Suing or being sued?

First, we have to determine if we are on offense representing the contractor that is suing or if we are on defense representing the client being sued. If we are on offense, we spend more time on step two in an attempt to settle the dispute without going to trial or drafting a litigation plan if settlement efforts fail. If we are on defense, our time is focused on verifying the claim and ensuring that the party that did the work is held accountable for any mistakes.

Step Two: The pre-suit dispute resolution

We take the best action that you believe will best benefit your business bottom line, 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 claim, we dig deep into the project documents and the law. From there, we come up with our strategy for moving forward and either initiate or respond to the lawsuit. We also gather additional information and 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 discovery requests and in-person depositions. The purpose of the discovery process is to allow each party to obtain relevant information and evidence from the other side to prepare for trial, promote fairness, and avoid surprises.

Step Five: Motion practice

As the case progresses, we may also use motion practice. The purpose of motion practice in litigation is to resolve legal issues, procedural disputes, or even the entire case before trial through formal requests for court rulings.

Step Six: The mediation

The court almost always requires that the parties in litigation try an alternative dispute resolution process before trial. At MNCLS, we always participate in mediation unless arbitration is required by the court or the contract. The purpose of mediation in litigation is to see if a neutral third-party mediator can help the parties voluntarily reach a confidential mutually-agreeable resolution of the dispute without going to trial.

Step Seven: The pre-trial

Pre-trial preparation involves preparing the case for trial. This includes organizing trial exhibits, preparing witnesses, drafting jury instructions and verdict form, and many other final details to prepare for a favorable trial.

Step Eight: The trial

Trial can range from one day to several weeks. Most of our clients’ trials have taken from one to five days. The number of days at trial depends on the dispute, whether we are able to narrow issues down through motion practice, and the number of documents and witnesses.

Common Issues in Construction Defect Claims

There are two common reasons construction defect claims are filed; the contractor was unaware of the property owner’s expectations or the property owner is unwilling or unable to pay. As a contractor, you must manage the customer’s expectations of the project, such as explaining limitations or potential problems, to reduce future surprises and limit potential construction defect claims. When the property owner runs out of money or doesn’t want to pay, filing a defect claim is often used as a method of escaping payment. At MNCLS, we help contractors navigate this process and get paid.

Minnesota construction companies can face several different issues when it comes to construction defect disputes. These include:

• Water damage. Minnesota is no stranger to extreme weather. Areas like the Twin Cities experience an average of 54 inches of snow every year, and the weight of this snow can cause stress to certain building materials. This can lead to issues such as ice dams, which could cause water damage. The heavy snowfall and freeze-thaw cycles that occur in places like Rochester or Duluth can make leaks worse and lead to a construction defect claim.
• Structural failures. As an engineer or architect, you are responsible for designing a safe and stable building for your clients. As a construction company, it is your job to translate these building plans safely into a physical reality. If a homeowner or property owner believes that their structure is suffering a failure or defect, they may file a claim.
• Faulty mechanical systems. These construction defect claims might include any allegedly defective plumbing, electrical, or HVAC installations. In these cases, MNCLS ensures that if there is an installation issue, the subcontractor that performed the work is held accountable for the repairs.
• Code violations. A homeowner or property owner might file a construction defect claim alleging the work doesn’t comply with the building code, as enforced by the Department of Labor and Industry. MNCLS first determines whether the code violation claim is valid. If it is, we hold the subcontractor that performed the work accountable for the cost of repairs.

Understanding Construction Negligence

When a construction worker, company, architect, homebuilder, or engineer learns that they are involved in a construction defect case, it is important to be aware of how construction negligence will be established. If you are facing a claim filed by a homeowner, that homeowner and their legal team will need to be able to prove the four elements of a negligence claim. These elements include:

• Duty of care. In a negligence or construction defect case, the plaintiff will need to establish that you, the builder, contractor, or other construction party, had a legal obligation to perform its work with the skill, competence, and caution that a reasonably prudent professional would exercise in similar circumstances. At MNCLS, we use evidence to prove that the contractor’s work meets or exceeds those obligations.
• Breach of duty. The homeowner will then need to prove that this duty was allegedly breached because of a failure to meet the terms of a contract or a failure to act with reasonable care. Your attorney from MNCLS can look through the applicable Minnesota building codes, the specifications of any manufacturers involved, and the standard of care of the construction industry to help you with a breach of duty claim.
• Causation. The opposing party and their legal team will then need to establish that this supposed breach of duty was the direct cause of property damage, loss, or even injury. At MNCLS, we can argue against this claim by using evidence uncovered during our initial investigation into the case.
• Damages. Lastly, the claimant needs to prove that they suffered damage, including the amount of money necessary to fix any supposed defective construction and any storage or moving costs that may be included with the repair work. However, at MNCLS, we have the experience and legal know-how necessary to protect you from unreasonable or bogus claims for damages.

Why Choose Minnesota Construction Law Services?

Our construction attorneys are unlike other lawyers. Because our lawyers worked in the construction industry and have owned and operated successful businesses, we have the upper hand when it comes to knowing what you’re facing and how to serve you and your construction business. We also have a strong background in collections, defending construction defect claims, and applying construction law. We have served hundreds of prime contractors, subcontractors, and other individuals and companies involved in the construction industry over the years.

We also have hands-on familiarity with all industry standards and codes regarding building in Minnesota and DOLI licensing requirements. We have a track record of successfully defending construction companies in defect litigation cases, and we have what it takes to guide you through settlement negotiations, mediation, and even trial.

When you work with our team, we conduct a comprehensive investigation to gather evidence and testimony to support your defense against a construction defect claim. We identify all possible avenues of defense, such as comparative negligence, improper property upkeep and maintenance, and statutes of limitation. In Minnesota, a homeowner only has two years to file a construction defect claim.

When you work with the team at MNCLS, we will explain to you all the legal concepts involved in your case, provide you with regular updates regarding the progress of your case, and respond quickly and accurately to your questions. It is critical that you hire an attorney with Minnesota construction experience that understands all the state-specific laws and how they might apply to your case.

Talk With an Experienced Minnesota Construction Defect Attorney Today

Dealing with a construction defect claim calls for quick and experienced legal advice. In certain situations, your very reputation may be on the line, and choosing the right attorney can make all the difference. Don’t leave your business exposed to the damage caused by a defect claim. Instead, contact the attorneys at Minnesota Construction Law Services. Schedule a consultation today and let us defend your business against unfounded claims.

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