Under Minnesota law, a contractor may collect reasonable attorneys’ fees in a mechanics’ lien foreclosure action even if the property is a homestead. The amount of the award is in the discretion of the court. That is not the case in every state as recently illustrated in Iowa.

Historically, Iowa has liberally construed its mechanics’

Sometimes construction material or equipment the contractor buys turns out to be defective.  It leaks. A part is missing.  Something simply does not function straight from the box.  Jumping on the defect claim may not seem to have highest priority in the middle of a construction project.  “Back charge” may the automatic response, but it

Dave Hammargren a construction, arbitration, and surety litigation attorneyA statute of repose defines the date by which a particular type of claim must be asserted before it becomes untimely, or “stale,” and can no longer be pursued.  This provides designers and builders of construction projects some security that, after a certain date, they cannot be hauled into court to answer for their alleged

In each state, statutes govern the right to a construction lien.  It is almost inevitable that someone, someday, will not meet a required step.  The lien is lost, and with it, whatever leverage or payment security it represented.

There is still a balance to collect—unless the creditor has improvidently signed something that also waives the

This continues our blog post series on protecting payment in the construction industry. In this post, we ask the question, “Can a Pay If Paid clause bar a Minnesota lien or bond claim?” Despite the contract language, the answer might be: no.

Contingent payment language is common in contracts between prime contractors and subcontractors. The

Whether a business’s employees are represented by a union or not, all builders should be concerned about the pending Protecting the Right to Organize Act (“PRO Act”) being considered by Congress.  If enacted, the PRO Act will alter fundamental principles of labor law and significantly prejudice the rights of employers. Supporters of the PRO Act

Lien waivers do not get the respect they deserve in the realm of protecting the rights to payment in construction. In a prior post in this series we shifted the focus to the owner’s perspective on the problems of liens and payment including the need for collecting lien waivers. Lien waivers are important to both