Construction Defects

YOUR LEGAL ADVOCATE FOR DEFECT CLAIMS

Construction Defects

When you receive construction defect claims, the first step is to contact your insurance company. Unless the contractor is going to take care of the defect on its own, most insurance policies require contractors to notify the insurer early before much work is done to address the dispute legally. The insurer will either take on the legal challenge on behalf of the contractor or decline to do so.

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

Contact Us Today
  • Residential construction defect claims
  • New home construction defects
  • Subcontractor construction defect cases

PROCESS

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 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.

Learn More

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 3.

Learn More

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.

Learn More

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.

Learn More

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.

Learn More

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.

Learn More

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.

Learn More

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.

Learn More

Construction Defects

Common Issues

There are two common reasons construction defect claims are unjustly filed; the homeowner was unaware of the project expectation or the homeowner does not want to or is 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 homeowner or customer 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 receive compensation.

When the defect claim is justified and the work was performed by a subcontractor, MNCLS makes certain the sub that performed the work is held accountable for the cost of repairing it.

Do I need to involve my insurance company for construction defects?

Yes, your insurance company needs to be involved in the process from the beginning otherwise you risk denial of a claim later on.

Is there a process I need to follow for construction defect claims?

Yes. If the project was residential built by a licensed contractor, the process defined in the warranty statute, Minn. Stat. Sec. 327A must be followed. For projects that are not covered by the warranty statute, the nature of the claim will dictate the process by which the claim will be investigated, validated, and resolved. MNCLS is very experienced with these processes and will work to ensure an efficient and economical resolution of the problem.

Do I need to work with my insurance company if I work with MNCLS?

Maybe. Your insurance company will determine early on whether it will provide the defense for the claim. MNCLS lawyers will step aside, work with your insurer, or take total control of the process depending on what your insurer decides. Our goal is the best resolution for our clients.

LET'S GET TO WORK

We turn desperation into inspiration because we don't just solve, we inspire.

Contact Us Today
Common Problems