Litigation
Litigation
Our attorneys are tough, but equally smart. We know how to resolve claims without the inconvenience of litigation but 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 remembering that your business and your peace of mind are the most important things. That means we either encourage litigation by explaining the strengths of your case and the tools that we have, or we have the tough conversation that litigation is not the best route or the even tougher conversation that it is time to pull the plug on a lawsuit that is already underway.
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, if you are armed with all the tools to make the decision, we will get back in the ring. We know what it is like to get bill upon bill from a law firm, feeling like you are doing all their work for them, and ending up with a less than stellar result. Because we know what it’s like, we don’t do that.
FOR THE CASES THAT NEED IT
We Fight for Your Peace of Mind
PROCESS
What is our process?
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 2 and 3 to resolve the dispute or draft a plan. If we are on the defense, our time is limited and instead strategize accordingly.
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 Three: The planning, research, and drafting
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 Seven: The pre-trial
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 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 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 Four: The discovery
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 Six: The mediation
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.
Step Eight: The trial
Common Issues
At Minnesota Construction Law Services, we are more than just a law firm, we are a partner. That means we prepare, guide, and represent on your behalf. We’ve handled breaches of contract, collections, mechanic’s lien foreclosures, subcontractor and independent contractor disputes, partnership disputes, trade secret claims, sexual harassment claims, construction defects, and more. Below are just a few of the questions we receive.
LITIGATION
The most common type of litigation to result from construction contracts is a breach of the contract. This is when there is a violation of the original contract, such as the construction will not be completed on time or there is a need for additional funds. A construction law attorney understands the specifics of construction contracts and know the best solutions specific to your company.
Construction litigation is when a dispute must be solved in court in front of a jury or judge while a construction arbitration is when a dispute is solved between the parties using a non-affiliated third party that evaluates the case and establishes a resolution. Litigation is considered the last solution because it demands more time and resources compared to arbitration, although is necessary in certain cases.
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 and other conflicts. A business partnership with attorneys that specialize in construction laws and regulations will significantly decrease the chances of construction litigation.
REPRESENTING THE INTEREST OF THE CONTRACTOR
Areas of Litigation
Resolving conflicts in construction requires extensive knowledge of available legal remedies to guarantee a route that best benefits the contractor. At MNCLS, we provide resolutions that serve your business, and if that means litigation, you’re backed by a recognized and powerful team.