Minnesota Construction Project Dispute Lawyer

Construction Project Dispute Attorney in Minnesota

Minnesota is no stranger to construction disputes. These situations happen every day. From large-scale developments in Minneapolis to residential builds in Duluth, disputes between stakeholders are a common challenge in construction. A Minnesota construction project disputes lawyer can protect your interests when those disagreements pose a threat to your business and reputation.

At Minnesota Construction Law Services (MNCLS), our attorneys have over a decade of experience helping our clients through a wide range of construction disputes. From disagreements regarding payment to breaches of contract, we are here to help. As former business owners and entrepreneurs ourselves, we understand everything that is at stake in these situations. We help contractors resolve project-threatening disputes and protect long-term business outcomes.

Resolving Construction Project Disputes

Oftentimes, disputes in construction projects are a result of unclear expectations or a subcontractor’s poor quality workmanship. To combat these disputes, you need to establish a contract that addresses these common issues by outlining precise expectations and project work accountability, particularly in regards to subcontractor liability. A well-drafted contract will eliminate disagreements, quickly resolve issues, and preserve relationships.

When there are contract disputes in construction, MNCLS manages the resolution process. Our job is to help contractors work through the project dispute by enforcing the contract or determining additional courses of action. We know how to quickly and carefully resolve problems and disputes on construction projects that preserve customer relationships and subcontractor partnerships while minimizing cost and jobsite disruption.

The Most Common Disputes in MN

As the 8th largest employer in Minnesota, the construction industry sees thousands of disputes every year. Whether the dispute involves a multi-million-dollar skyscraper project in downtown Minneapolis or a small home-building project in St. Cloud, disagreements can happen. However, when they do, it is important to be prepared. There are several different kinds of disputes that can arise, including the following:

• Planning and design disputes. These disputes tend to arise when there is an argument, miscommunication, or disagreement between the owner of a property, the architect, and the contractor involved regarding the planning and overall design of the upcoming construction project. A few examples of these disputes might include the following:
  • Omissions in design or other errors
  • A change in the design or scope of the work that was not agreed on
  • Arguments regarding the timeline or deadline of the construction project
  • Disputes regarding the drawings, blueprints, or other specifications of the project design
• Contract issues. When there are issues regarding a construction contract, such as when the involved parties disagree over the terms or conditions of the contract, an attorney’s guidance is crucial. These disagreements can involve the wording, interpretation, or implementation of the terms. Other examples might include the following:
  • Breach of the contract itself
  • Changes in the scope of the original project or delays
  • Disputes regarding warranty or other guarantee provisions
  • Delayed payment or refusal to pay for goods, supplies, or labor
• Construction defect disputes. These disputes can arise when there is a disagreement over the quality of the construction work itself or the materials that have been used in the project. The most common examples include the following:
  • Issues regarding the structure of the project
  • Water intrusion or mold issues, which can be a common problem in Minnesota due to harsh winters and an average snowfall of 50-70 inches a year
  • Violations of building codes
• Payment disputes. While they are unfortunately common in construction projects, payment disputes happen in specific situations where there are delays or issues with the construction work that has been performed. These disputes arise between suppliers, subcontractors, or the contractors themselves. Sometimes, they can also involve the client. The most common examples include the following:
  • Mechanics’ Lien claims or bond claims
  • Disagreements regarding the amount owed
  • Disputes over extra work or a change in the work
  • Delayed payment or a refusal to pay
• Disputes regarding schedules. These kinds of disputes arise when there are changes to a construction schedule or other delays. Several different factors could become involved in a construction project and delay the overall project schedule, including the following:
  • Unforeseeable events or conditions
  • Disputes regarding the allocation of certain resources or supplies
  • Changes in the scope or design of the project
  • Issues regarding the performance of the contractor or subcontractor
• Environmental disputes. A dispute of this nature can arise when there is a disagreement over the construction project’s impact on the local environment. Examples of this in Minnesota can include:
  • Impacts on wetlands or the destruction of habitats
  • Noise pollution
  • Emissions or air pollution
  • Contamination of water or other forms of water pollution
• Insurance disputes. These disputes can arise when there is a situation concerning any insurance coverage, liability coverage for potential accidents or damages, and the enforcement of certain indemnification clauses.

Ways to Legally Address Construction Disputes

Depending on the nature of the construction dispute, there are several legal options that can be entertained when it comes to resolving the dispute and seeking legal solutions. The most common methods of resolving a construction dispute in Minnesota include the following:

• Negotiations. The cheapest legal option is to enter into negotiations with the other party. This option also has the most immediate impact, and if the negotiations are successful, the construction project can proceed once more. However, if the negotiations are not successful, the parties will at least know what issues are involved in the case, and they can move forward with a more serious option.
• Mediation. This option involves a neutral third party who will work to mediate the dispute between the two parties. This process typically does not include any evidence presentation or testimony, but it may coincide with a legal claim. Many courts in Minnesota can require mediation after a claim has been filed.
• Arbitration. One of the methods used to resolve construction disputes is arbitration. This process is similar to a courtroom trial, but it can be less expensive, and a resolution can be reached much quicker. In an arbitration case, the decision made is final, and you will not be able to appeal it.
• Litigation. This option involves the filing of a legal complaint in a state or federal court, and the case will go to trial if not settled before the trial date is set.
  Unlike arbitration, the final decision can be appealed.

At MNCLS, we are here to provide our clients with practical legal strategies that help avoid drawn-out litigation. We hope to ease your stress in a dispute so that you can focus on growing your business, providing for your employees, and ultimately spending your precious time on loved ones rather than legal battles.

What is Our Process?

Step One: Learn your objectives and goals

We want to understand how you define a successful outcome. For transactional issues, what are the important issues that need to be addressed in the document we are drafting? For disputes, what is the desired resolution or outcome?

Step Two: Understand your concerns and issues

For transactional, what have the parties agreed to and has an agreement been reached on all the key issues? For disputes, we need to know whether the contract addresses the issue, how it was addressed, who’s at fault, and what damages resulted

Step Three: Craft the strategy

For transactional, we draft a document that will achieve the desired outcome and reflect the client’s business. For disputes, we uphold the obligations stated in the contracts and/or determine reasonable remedies for issues not addressed in the contract.

Step Four: Implement the remedy

Following the strategy developed with and approved by the client, we move to achieve the intended result. Whether drafting a document or resolving a dispute, we’ll keep you informed on how things are going so you can focus on your business.

Common Issues in Construction Project Disputes

We have resolved numerous types of construction contract disputes and understand how to assess the facts and identify how to respond. Our resolution process includes consideration of the contractor’s concerns to ensure we handle the dispute from both a legal and business perspective. Disputes in construction projects are often a time consuming and costly encounter, but MNCLS eases the process by resolving the conflict and drafting contracts that insulate our clients from potential contract disputes in construction.

Speak to a Trusted Construction Law Attorney in Minnesota Today

Though construction disputes are all too common, they are never easy. They can become especially difficult if you do not have an attorney on your side. When faced with these complex situations, it is vital to have a lawyer on your team who can ease your stress and ensure you and your business are protected. At MNCLS, we are dedicated to helping you resolve your dispute as efficiently and cost-effectively as possible. Contact our offices today for more information.