Construction Litigation Attorney in Minnesota
When disputes arise on a construction site, it can place the entire project on hold, leading to financial consequences for all parties involved. Prompt action can keep setbacks from escalating and help restore project momentum. However, talks between opposing parties can be tricky, and when it feels like no solution can be found, a Minnesota construction litigation lawyer can intervene to resolve disputes.
At Minnesota Construction Law Services (MNCLS), we understand how difficult construction litigation can become. In some cases, your situation may be resolved through mindful and skilled negotiations. In other cases, court negotiation may become necessary. Whatever your situation entails, our attorneys offer strategic legal support tailored to the complexity and urgency of your case.
As former business owners, we understand the urgency behind legal disputes and the impact they can have on your operations. If you find yourself involved in a construction litigation case, we have the information necessary to help you make the right decisions.
At MNCLS, our goal is to provide clarity and actionable guidance to help you avoid litigation whenever possible. We work to help your business recover owed funds, avoid prolonged disputes, and maintain financial stability.
Construction and Business Litigation Representation
Our attorneys are tough, but equally smart. We know how to resolve claims without the inconvenience of litigation. However, when litigation is necessary, we don’t back down from a fight. We have experience with Minnesota business law and Minnesota construction law handling both simple and complex cases at the trial and appellate level. We pride ourselves on remaining focused on what matters most—protecting your business and minimizing disruption. Additionally, we offer candid assessments—whether that means advancing your case or advising against litigation when it no longer aligns with your goals.
We often tell clients that the bottom line is the bottom line, meaning that simply being told you are right in a legal dispute is a hollow statement if the cost of winning a claim exceeds the amount that claim is probably worth. We help you weigh the cost of litigation against its potential value, ensuring that each step aligns with your business priorities. Then you can decide whether spending money is a wise move or if it will be better business to settle early.
That does not mean that we do not pull out all the stops, it just means that we care more about you than we do about billable hours. We also know that this is your fight, and, when you decide litigation is necessary, we’re ready to pursue it fully on your behalf. We’ve also seen how legal representation can fall short, and we are committed to delivering responsive, results-driven service.
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 defending, we act swiftly to protect your position within the court’s timeline.
Minnesota Construction Law Services keeps the simple simple
What is Our Process?
Step One: Suing or being sued?
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 Two: The pre-suit dispute resolution
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 Three: The planning, research, and drafting
Pre-trial preparation involves not only preparing our argument for trial but organizing all of the court documents, providing our witnesses with notice, drafting jury instructions and verdict form, and many other final details to prepare for a favorable trial.
Step Four: The discovery
The court almost always requires the parties to try an alternative dispute resolution process. 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 Five: The motion practice
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 3.
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
A trial can range from one day to several weeks. Most of our clients’ cases are between one to five-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 Litigation
At Minnesota Construction Law Services, we act as your partner in every stage of construction litigation—preparing you, guiding your decisions, and representing your interests throughout the process. We’ve handled breaches of contract, collections, mechanic’s lien foreclosures, subcontractor and independent contractor disputes, partnership disputes, trade secret claims, construction defects, and more.
The most common issues that can arise regarding Minnesota construction litigation include the following:
- Construction defect claims. Structural failures—such as leaky stucco in Minnetonka or foundation cracks in Plymouth—may lead to warranty claims and other litigation. Our attorneys have the experience to address these disputes and protect your business.
- Construction liens. Contractors and subcontractors may pursue a mechanics’ lien if they are not paid for materials or services. Our attorneys help navigate Minnesota’s strict lien procedures to ensure claims are filed, served, and enforced properly.
- Malpractice claims. Architects, engineers, and other licensed professionals may face liability for alleged malpractice. We help protect your business, reputation, and license when these claims arise.
- Breach of contract claims. Contracts are the building blocks of all construction jobs. However, when one party fails to meet its contractual obligations, legal disputes can follow. Whether you’re asserting or defending a breach claim, out team helps enforce your contract rights and pursue the most favorable outcome in your case. In 2022, the total cost of contract claims was tens of billions of dollars.
- Delays in construction and extra work. In certain construction cases, project interruptions and unanticipated labor can trigger disputes over deadlines and compensation. We help clients navigate these challenges and safeguard project continuity.
- Payment disputes. Non-payment and underpayment are among the most common drivers of construction litigation, especially in large-scale or public projects across the Twin Cities and Greater Minnesota.
What Drives Minnesota Construction Litigation?
Minnesota is a swiftly growing area, with the population projected to grow from 5.78 million in 2024 to 6.11 million by 2075. With this projected growth, the construction industry is sure to see a surge, especially as the 8th largest employing industry in the state. However, the state of Minnesota also has unique factors that fuel several different kinds of construction litigation cases. These factors can include:
- Harsh weather. Minnesota is no stranger to extreme weather. Heavy snowfall and freezing temperatures often delay projects or damage structures, which can result in disputes over timelines, costs, and contract obligations.
- Rural dynamics. In less populated areas like Litchfield or Mankato, limited contractor availability can contribute to construction delays, quality concerns, or compliance issues—factors that frequently lead to litigation.
- Construction booms. With billions of dollars in commercial permits issued annually in Minneapolis alone, increased development has led to more frequent legal disputes—particularly over payments and contract breaches.
Why Should I Hire an Attorney From MNCLS?
Construction litigation in Minnesota involves complex laws and high stakes. At Minnesota Construction Law Services, we bring focused legal knowledge and hands-on construction insight to every case. We guide clients through each stage of litigation and offer services such as:
- We listen to your concerns, answer your questions, and clarify your rights and responsibilities under Minnesota construction law.
- We investigate the dispute thoroughly, gathering supporting documentation and records to build a strong case on your behalf.
- We develop a strong legal strategy customized to your specific situation in order to achieve the most favorable outcome in your case.
When you work with MNCLS, you gain legal guidance grounded in clarity and strategy. Whether the goal is swift resolution or full litigation, our attorneys focus on protecting your business and supporting long-term success.
FAQs
The most common type of litigation to result from construction contracts is a breach of contract. This occurs when one party violates the terms of the contract, such as failing to complete construction on time or requesting additional funds. A construction law attorney understands the specifics of construction contracts and knows the best solutions for your company.
Construction litigation is resolved in court before a judge or jury. Arbitration, on the other hand, is handled privately by a neutral third party who issues a decision after hearing both sides. Litigation typically takes more time and resources than arbitration and is usually a last resort.
The best way to avoid construction litigation is to have an experienced construction law attorney develop or review the contract before the project begins. When a contract does not fully outline the scope of the project, it risks miscommunication and confusion between the parties that can lead to disputes. A partnership with attorneys who specialize in construction laws and regulations can significantly reduce the chances of litigation.
Speak With a Trusted Minnesota Construction Litigation Attorney Today
At Minnesota Construction Law Services, our attorneys provide tailored counsel to help you navigate litigation with confidence. You’ve worked hard to build your business—and we respect what’s at stake.
When disputes arise, MNCLS is here to offer experienced, practical legal support focused on protecting your operations and future growth. Contact us today to schedule your consultation.
