By Paul W. Muilenberg and William D. Schlicht Paul and Will are members of the firm’s Corporate Planning, Mergers & Acquisitions and Real Estate Law Department. Paul can be reached at 612.359.7669 or…
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By Kylee A. Evans Kylee is an associate of the firm’s Construction Law Department. She can be reached at 612.359.7668 or KEvans@fwhtlaw.com. Over the last few decades, owners and their design professionals…
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By Dean B. Thomson and Zach E. Coppola Dean and Zach are members of the firm’s Construction Law Department. Dean can be reached at 612.359.7624 or DThomson@fwhtlaw.com. Zach can be reached at 612.359.7667…
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By Nick M. Lewis Nick is a member of the firm’s Construction Law Department. He can be reached at 612.359.7650 or NLewis@fwhtlaw.com. Last summer, in a landmark decision, the Supreme Court of the…
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By Hugh D. Brown Hugh is a shareholder of the firm’s Construction Law Department. He can be reached at 612.359.7663 or hbrown@fwhtlaw.com. One product of the Minnesota legislature’s 2024 session was new legislation…
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By Matthew G. Nelson Matt is a member of the firm’s Construction Law Department. He can be reached at 612.359.8611 or mnelson@fwhtlaw.com. Introduction Change is constant, and it affects the standards of…
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By Matthew G. Nelson Matt is an associate in the firm’s Construction Law Department. He can be reached at 612.359.8611 or mnelson@fwhtlaw.com. Introduction Insurance is a cornerstone of risk management and allocation…
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By Lucas T. Clayton Luke is a shareholder in the firm’s Construction Law Department. He can be reached at 612.359.7628 or lclayton@fwhtlaw.com In its past session, the Minnesota Legislature passed a bill seeking…
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Click here to read the article written for the American Bar Association by Hugh Brown entitled “Updates to the American Arbitration Association’s Construction Arbitration Rules“ Announcements Join Hugh Brown for an upcoming National Busi…
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Click here to read the article written in the ABA Forum on Construction Law Division 10 blog by Hugh Brown entitled “Addressing Design-Build Quantity Risk in Teaming Agreements“ Announcements Mark Becker, Colin Bruns, Luke Clayton…
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By Kylee Evans Kylee is an associate of the firm’s Construction Law Department. She can be reached at 612.359.7668 or KEvans@fwhtlaw.com. Minnesota has recently passed a bill banning non-competition agreements (“non-competes”) within the…
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Hugh D. Brown is a shareholder in the firm’s Construction Law Department. He can be reached at 612.359.7663 or Hbrown@fwhtlaw.com. Zachary E. Coppola is an associate for the firm and can be reached…
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Colin is a shareholder in the firm’s Construction Law Department. He can be reached at 612.359.7665 or Cbruns@fwhtlaw.com Due to record-breaking temperatures across the country, OSHA recen…
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Matthew is a member of the firm’s Construction Law Department. He can be reached at 612.359.7611 or mnelson@fwhtlaw.com Introduction Contractors know that it is crucial to have the right t…
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Click here to read the article written for The Construction Lawyer, A Publication of the American Bar Association by Dean Thomson and Julia Douglass entitled “Comparing Theory and Practice: Survey Results of What…
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Matt is a member of the firm’s Construction Law Department. He can be reached at 612.359.7610 or mcollins@fwhtlaw.com. Supply chain delays and force majeure, new OSHA enforcement guidance changes, the Inflation Reduction Act,…
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Nathan is a member of the firm’s Construction Law Department. He can be reached at 612.359.7606 or nsellers@fwhtlaw.com. T…
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Nathan is a member of the firm’s Construction Law Department. He can be reached at 612.359.7606 or nsellers@fwhtlaw.com. You’re a general contractor hard at work on a complex, time-i…
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Miles is a member of the firm’s Construction Law Department. He can be reached at 612.359.7641 or mkelson@fwhtlaw.com. Because adverse weather can impact nearly every conceivable type of construction project, both owners and…
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Julia is a shareholder of the firm’s Construction Law Department. She can be reached at 612.359.7622 or jdouglass@fwhtlaw.com. Minnesota Democrats have pledged that they will pass legislation allowing recreational marijuana this session with…
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Hugh Brown and Kasia Kokoszka are members of the firm’s Construction Law Department. Hugh can be reached at 612.359.7663 or hbrown@fwhtlaw.com. Kasia can be reached at 612.359.7601 or kkokoszka@fwhtlaw.com. Mechanics’ liens are critical…
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Elise is a member of the firm’s Construction Law Department. She can be reached at 612.359.7657 or eradaj@fwhtlaw.com. Introduction Regrettably, the construction industry is consistently within the top-ten highest fatality rates by occupation…
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Mark R. Becker is a shareholder in the construction law group of Fabyanske, Westra, Hart & Thomson, and may be reached at mbecker@fwhtlaw.com. Kylee A. Evans is a law clerk at Fabyanske, Westra,…
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Hugh Brown is a member of the firm’s Construction Law Department. He can be reached at 612.359.7663 or hbrown@fwhtlaw.com. Contractors operating on thin margins in an era of escalating prices and supply chain…
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Kasia is a member of the firm’s Construction Law Department. She can be reached at 612.359.7601 or kkokoszka@fwhtlaw.com A project labor agreement (PLA) is a type of collective bargaining agreement typically used on…
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Colin is a member of the firm’s Construction Law Department. He can be reached at 612.359.7665 or cbruns@fwhtlaw.com When facing a claim asserted by a third party, one of the first steps a…
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Mark is a shareholder in the firm’s Construction Law Department. He can be reached at 612.359.7620 or mbecker@fwhtlaw.com It takes a measure of fortitude, integrity, and confidence to sign a construction contract. You…
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Luke is a shareholder in the firm’s Construction Law Department. He can be reached at 612.359.7628 or lclayton@fwhtlaw.com Many construction contracts contain arbitration clauses requiring that some or all disputes between the parties…
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Dean and Julia are members of the firm’s Construction Law Department. Dean can be reached at 612.359.7624 or dthomson@fwhtlaw.com. Julia can be reached at 612.359.7622 or jdouglass@fwhtlaw.com. All standard construction industry contract forms…
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Rob is a member of the firm’s Construction Law Department. He can be reached at 612.359.7648 or rsmith@fwhtlaw.com In a series of recent television ads, Samuel L. Jackson asks the question, “What’s in…
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Nathan is a member of the firm’s Construction Law Department. He can be reached at 612.359.7606 or nsellers@fwhtlaw.com Every construction litigator and many construction contractors are well-versed in the Spearin doctrine. The Spearin…
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Jesse and Matt are members of the firm’s Construction Law Department. Jesse can be reached at 612.359.7637 or jorman@fwhtlaw.com. Matt can be reached at 612.359.7611 or mnelson@fwhtlaw.com Introduction …
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Kasia is a member of the firm’s Construction Law Department. She can be reached at 612.359.7601 or kkokoszka@fwhtlaw.com Union contractors covered by collective bargaining agreements (“CBAs”) are normally required to make contributions to…
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Kasia is a member of the firm’s Construction Law Department. She can be reached at 612.359.7601 or kkokoszka@fwhtlaw.com As of November 5, 2021, the Emergency Temporary Standard (ETS) issued by OSHA requires…
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Dean Thomson and Matt Collins are members of the firm’s Construction Law Department. Dean can be reached at 612.359.7624 or dthomson@fwhtlaw.com. Matt can be reached at 612.359.7610 or mcollins@fwhtlaw.com. Forty years ago on…
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Click here to read the article written for the Journal of the American College of Construction Lawyers by Dean Thomson entitled “Early Mediator Engagement: Lessons from Master Mediators”. Announcements Fabyanske, Westra, Hart &…
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Hugh Brown is a member of the firm’s Construction Law Department. He can be reached at 612.359.7663 or hbrown@fwhtlaw.com. As most contractors that contract with the Minnesota Department of Transportation…
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Matt is a shareholder in the Construction Litigation Department at the Fabyanske, Westra, Hart & Thomson law firm. He can be reached at 612.359.7610 or mcollins@fwhtlaw.com In Minnesota, contractors and material suppliers may…
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Elise is a member of the firm’s Construction Law Department. She can be reached at 612.359.7670 or eradaj@fwhtlaw.com. As we turn a corner into 2021, one word has been at the forefront of…
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Mark Becker and Colin Bruns are attorneys with Fabyanske, Westra, Hart & Thomson, PA and focus their practice in construction related matters. Mark can be reached at 612.359.7620 or mbecker@fwhtlaw.com. Colin can be…
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Click here to read the article written for the Journal of the American College of Construction Lawyers by Dean Thomson and Michael T. Burke entitled “The Advocacy Preferences of Construction Arbitrators”. Announcements Once…
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Rob, Dean, Elise and Thomas are members in the firm’s Construction Law Department. Rob can be reached at 612.359.7648 or rsmith@fwhtlaw.com. Dean can be reached at 612.359.7624 or dthomson@fwhtlaw.com. Elise can be reached…
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Hugh Brown is a member of the firm’s Construction Law Department. He can be reached at 612.359.7663 or hbrown@fwhtlaw.com. In May 2019, this firm published an update discussing the Minnesota…
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Hugh Brown and Rebecca Huting are members of the firm’s Construction Law Department. Hugh can be reached at 612.359.7663 or hbrown@fwhtlaw.com. For many employers, pre- and post-employment drug testing policies present a dilemma. …
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Mark is a Chambers USA rated Construction Lawyer, A Fellow of the Construction Law Society of America, and a former Chair of the Construction Section of the Minnesota State Bar Association. Mark may…
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Hugh Brown and Lauren Ritchie are members of the firm’s Construction Department. Hugh can be reached at 612.359.7663 or hbrown@fwhtlaw. Lauren can be reached at 612.359.7604 or lritchie@fwhtlaw.com The Minnesota Legislature recently took…
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Dean Thomson is a Shareholder in the firm’s Construction Law Department. Dean can be reached at dthomson@fwhtlaw.com or 612.359.7624. Based on subcontractor complaints about over-withholding and late release of their retainage, the Minnesota…
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Hugh Brown is a member of the firm’s Construction Law Department. He can be reached at 612.359.7663 or hbrown@fwhtlaw.com. Contractors rely on Minnesota’s construction-specific statutes of limitations and repose for certainty on the…
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Matt is a shareholder in the Construction Litigation Department at the Fabyanske, Westra, Hart & Thomson law firm. He can be reached at 612.359.7610 or mcollins@fwhtlaw.com Given a recent influx in requests for…
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Hugh Brown and Rebecca Huting are members of the firm’s Construction Law Department. Hugh can be reached at 612.359.7663 or hbrown@fwhtlaw.com. In an important development for employers in the construction industry, the Occupational…
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Matt is a shareholder in the Construction Litigation Department at the Fabyanske, Westra, Hart & Thomson law firm. He can be reached at 612.359.7610 or mcollins@fwhtlaw.com Participants in the construction industry have long…
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Dean Thomson is a Shareholder in the firm’s Construction Law Department. Dean can be reached at dthomson@fwhtlaw.com or 612.359.7624. He also served as the Co-chair of the MSBA Construction Law Section Legislative Committee…
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Dean Thomson is a Shareholder in the firm’s Construction Law Department. Dean can be reached at 612.359.7624 or dthomson@fwhtlaw.com The following article was originally published in The American Journal of Construction Arbitration &…
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By Kristine Kroenke and Dean Thomson. Dean is a member of the firm’s Construction Law Department and can be reached at 612.359.7624 or dthomson@fwhtlaw.com. This Briefing Paper is a companion to our…
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Dean Thomson, Hugh Brown, and Kristine Kroenke are members of the firm’s Construction Law Department. Dean can be reached at 612.359.7624 or dthomson@fwhtlaw.com. Hugh can be reached at 612.359.7663 or hbrown@fwhtlaw.com. Kristine can…
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Dean Thomson is a Shareholder in the firm’s Construction Law Department. Dean can be reached at 612.359.7624 or dthomson@fwhtlaw.com Despite concerns about increasing regulation, the construction industry in Minnesota continues to pass legislation…
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Nathan Sellers is an associate in the firm’s Construction Law Department. Nathan can be reached at 612.359.7606 or nsellers@fwhtlaw.com The implied warranty of design adequacy protects contractors on traditional design-bid-build construction projects. The…
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Tom Vollbrecht is a shareholder in the firm’s Construction Law Department. Tom can be reached at 612.359.7659 or tvollbrecht@fwhtlaw.com Public contracts are the life blood of many contractors and an important source of…
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I recently attended the 70th Annual Power & Communications Contractors Association (“PCCA”) convention, “unfortunately” located in Aruba. It was quite the hardship. Construction industry experts were assembled to discuss market opinions, t…
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When it comes to awarding of government contracts to private contractors, the goal is to make sure that there is free competition among all of the contractors who submit bids such that the…
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Overview In order to be awarded any public project, the contractor or proposer must be found to be “responsible.” Sometimes, the term “responsible” is defined in the solicitation and part of determining the…
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Click here to read the article written for the Journal of the American College of Construction Lawyers by Dean Thomson and Colin Bruns entitled “Indemnity Wars: Anti-Indemnity Legislation Across the Fifty States”.
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On Mother’s Day 2014, Governor Dayton signed the Women’s Economic Security Act (“WESA”) into law. The law includes the following provisions, many of which require employers to update policies, including handbooks: • Effective…
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Three dimensional (3D) printing is taking the world by storm. President Barack Obama recently said that “3D printing technology has the potential to revolutionize the way we make almost everything.”[1] News and scientific…
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This briefing paper is Part 3 of a three part series discussing the Minnesota Department of Transportation 2014 Standard Specifications for Construction. In Part 1, which can be found here on our firm’s…
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This briefing paper is Part 2 of a three part series discussing the Minnesota Department of Transportation 2014 Standard Specifications for Construction. In Part 1, which can be found here on our firm’s…
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As most contractors that contract with the Minnesota Department of Transportation are already aware, MnDOT has significantly revised its Standard Specifications for Construction. The 2014 Standard Specifications went into effect for projects let…
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SERVING PAYMENT BOND CLAIMS: GETTING CLOSE IS NOT ENOUGH – THIS ISN’T HORSESHOES AND ANOTHER ONE BITES THE DUST – INSURERS LOSE A COMMON ARGUMENT FOR WHY THERE IS NO COVERAGE FOR CONSTRUCTION DEFECT…
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Ignorance is bliss. Punitive damages are not. Unfortunately, many contractors blissfully assume that if they are held liable for punitive damages, then their liability insurance will cover them. That may or may not…
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Contractors who have had their construction projects suspended during the federal government shutdown (“Shutdown”) over the funding of the Patient Portability and Affordable Care Act, may suffer critical path delays and increased costs…
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The battle in Minnesota over whether and how one party should indemnify another on a construction project has constantly been fought. After 30 years under one statutory scheme of allowable indemnity agreements and…
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Contractors competing for public construction projects face the challenge of making good faith efforts to meet participation goals for minority and women-owned businesses (“DBEs”). In a perfect world, all available DBEs would be…
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Cases coming from the Minnesota Court of Appeals and Minnesota Supreme Court in 2012 offer some important practice reminders for owners, contractors, subcontractors, and suppliers. The cases also provide some new rules about…
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Public Private Partnerships (P3s) are being more frequently used to address the shortfall of public funding available for necessary public projects. This month’s Briefing Paper explores some of the risks and rewards of…
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Few cases in recent years have garnered as much attention or interest as the case of Engineering & Construction Innovations, Inc. v. L.H. Bolduc, Inc. In construction law circles, the case has become known simply…
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One of great benefits of Commercial General Liability (“CGL”) insurance is that it should provide a complete defense to a lawsuit even if only part of that lawsuit involves a covered claim. Typically…
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A new regulation banning mobile phone use by non-governmental drivers of commercial motor vehicles went into effect on January 3 of this year. The regulation penalizes violators, of course—however, it also penalizes the employers of…
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The post Incomplete Repairs appeared first on Fabyanske, Westra, Hart & Thomson.
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The effects of Minnesota’s government shutdown have been felt throughout the state, most notably on members of the construction and design industry. The forced work suspension has affected both pending projects and future…
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Many employers provide employee handbooks to new employees. Though an employer must be careful regarding what it says in such a handbook, handbooks are a wise practice in many respects, as they allow…
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The current economic decline has hit the stage when those who were just hanging on by their fingernails are starting to fail and fall. While contractors always need to be attentive to ensure…
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As many contractors already know, for the past year or more, MnDOT has been engaging in a process to revise its implementation of the federal Disadvantaged Business Enterprise (“DBE”) program. The result of…
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Introduction President Obama signed the American Recovery and Reinvestment Act (“ARRA”) into law on February 17, 2009. Now, over one year later, the big question is, what effect did it have? Where Did…
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It’s spring time again! As you are gearing up for another busy construction season, don’t miss the opportunity to take advantage of some new (and old) tax incentive programs such as the Hiring…
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Many construction Contractors and Subcontractors have found themselves on the receiving end of a complaint about the quality of the result of their work. Project managers and construction executives should be cognizant of…
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This briefing paper discusses noteworthy legal decisions involving construction law issues that arose last year in the Minnesota Court of Appeals, the United States District Court for the District of Minnesota, and the…
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Introduction Minnesota Statutes chapter 327A was recently amended to require that contractors include the existing statutory implied residential construction warranties as express warranties in all contracts for new home construction and contracts for…
Th…
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The Federal Civil False Claims Act allows the federal government to pursue fines and treble damages against contractors who assert “false” claims. Fortunately, the scope of the Federal Act was limited and applied…
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Introduction Generally speaking, a “differing site condition” is a physical condition encountered at the project site that is materially different than indicated in the contract documents (or materially different than what would ordinarily…
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2008 brought about many changes that affect employers and employees in the areas of disability discrimination and unpaid leave entitlement.Specifically, amendments to the Americans with Disabilities Act of 1990 (“ADA”) and the Family…
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Introduction In today’s economy, many contractors, subcontractors, and suppliers have become all too familiar with the following scenario. Labor or materials are provided for an improvement to real property, but payment is not…
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On February 17, 2009, President Obama signed the American Recovery and Reinvestment Act (“ARRA”) into law, delivering on a campaign promise to “stimulate” the U.S. economy with billions of dollars in new spending.…
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The post A Modest Proposal: Conflicting Judicial Decisions Should Mandate Insurance Coverage for the Insured Under the Ambiguity Doctrine appeared first on Fabyanske, Westra, Hart & Thomson.
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As Kermit the Frog famously remarked, “It’s not easy being Green.” Ignoring his warning, every developer, designer, and contractor in the construction industry is rushing to become “Green.” While environmentally advantageous or “Green”…
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A. Introduction By now, many Minnesota contractors who subcontract with sole proprietorships and individuals are probably aware of the problem they face on January 1 2009. For those of you (i.e. contractors and…
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All contractors are, of course, required to abide by federal laws, but as of December 24, 2007, the federal government has added a new requirement for contractors working on federal government contracts in…
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Introduction Some might say that the above quoted song lyrics from the Ames Brothers’ 1951 hit, Undecided, comes from the construction contractor’s theme song. What people say and do often differ dramatically, depending…
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This briefing paper discusses 24 legal decisions from 2007, which highlight construction law issues that arose in Minnesota courts last year. The cases are listed alphabetically by topic, which topics include arbitration, bidding,…
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Introduction On November 5, 2007, the American Institute of Architects (“AIA”) published the 2007 edition of its A201 document, General Conditions of the Contract for Construction. The 2007 edition contains significant revisions to…
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The Golden Rule or the Plumber’s Credo It is often said that the negotiation of construction contracts is governed by the “Golden Rule.” That is, the one with the gold, rules. It is certainly…
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“Don’t it always seem to go, that you don’t know what you got ‘til it’s gone?” (Joni Mitchell, 1970) With all of the changes to Minn. Stat. § 541.051 during the past fifteen…
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Many public agencies have for years been advocating the use of “Best Value” procurement as an alternative to awarding public construction contracts to the lowest, responsible bidder. Several years ago, legislation was passed…
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Statutes commonly referred to as “Freedom of Information Acts” (FOIAs) or less commonly as “Data Practices Acts” are powerful tools that contractors and subcontractors engaged in public construction should use. Generally, FOIAs require…
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Introduction When talking with contract managers and contractors about construction claims, it is quite common to meet experienced professionals who fail to identify claims as they develop during a project. Before an A/E,…
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Introduction They say that no one is safe when Congress is in session. Well, Congress is at it again. Buried deep within the Tax Increase Prevention and Reconciliation Act of 2005 (TIPRA) [1]…
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Introduction Many multiemployer defined-benefit pension plans in the construction industry are underfunded, which should be a cause for concern by signatory contractors, union officials and tradesmen alike. Banking and surety executives are also…
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A New Era in Design The everlasting quest to exceed Owners’ expectations is driving innovation in the construction industry. Owners are demanding that complex projects be completed more quickly and cheaply. These demands,…
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Introduction Section 199 of the Internal Revenue Code offers anyone engaged in an eligible manufacturing or production activity a deduction for those activities. When fully phased in, the deduction could reduce the effective…
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The New Business Year The ‘06 business year is upon us. Last years’ financial statements are being tallied and we hope yours was a pleasant one. As we place old audits in the…
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Banding Together As I begin to write this, parts of New Orleans are still under water, thousands of souls are lost, tens of thousands are homeless and countless more are returning to a…
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The post New Minnesota Statutes Allow Design-Build, CM at Risk and Purchase Order Contracting for Public Projects appeared first on Fabyanske, Westra, Hart & Thomson.
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I. Introduction It is the American dream to start your own business, help it to grow, and leave something behind for your family. According to the United States Small Business Administration, Office of…
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Introduction As I was considering what I could tell contractors that they should know and do to reduce the risks of becoming involved in an expensive construction dispute, I considered these alternative themes:…
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Introduction Not only is the price of Commercial General Liability (CGL) insurance in flux, but so also is the coverage actually available. One of the unique but common features of construction contracts is…
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Introduction Everyone involved in construction knows that notice should be given on a variety of issues. For example, all standard form contracts require that the Contractor give the Owner and the Architect/Engineer (“A/E”)…
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Introduction In the six weeks between April 1, 2004 and May 15, 2004, all three branches of Minnesota State government weighed in on the correct application of the statute of limitations for claims…
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Introduction In recent months, prices for steel have increased precipitously. As a result, suppliers and fabricators of steel are having great difficulties honoring price commitments they gave months ago, which could result in…
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We are often asked for a list of the most important statutes relating to construction or for citations to these statutes. Therefore, this month’s Briefing Paper provides a brief discussion of and citations…
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The new law, known formally as the “Minnesota Citizens Personal Protection Act of 2003,” went into effect on May 28, 2003. By simplifying the application procedure and lowering qualification standards, the law now…
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Introduction In any construction project, the general contractor typically bears the risk of the owner’s insolvency or inability to pay for the project. Over the years, general contractors have attempted to shift the…
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Introduction The nation’s iron workers have enhanced workplace safety protections as a result of the Occupational Safety and Health Administration’s (“OSHA”) new steel erection standards in construction. [1] The new standards address hazards…
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If it is true that the two certainties in life are death and taxes, [1] human endeavors to avoid the inevitable are as hopeless as they are limitless. And yet, while evading death remains the…
The post Sales Tax Exemptions for Construction Projects appear…
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Introduction Like any contractor, one of your goals is to increase your revenue. One way to do so is to expand your business into new geographic areas. The purpose of this Briefing Paper…
The post We’re Not in Kansas (Minnesota) Any More appeared fi…
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The authors of this month’s Briefing Paper prepared an article on reverse auction bidding which has been adopted by the Minnesota Construction Industry Cooperative Committee (CICC) as its position on the topic. The…
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Imagine a renowned construction company with ongoing projects in the hundreds of millions of dollars. The construction company builds highways, tunnels, bridges, dams, and roads around the world. Many of its projects cost…
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Introduction On July 9th, the Minnesota Court of Appeals issued a decision construing Minnesota’s One-Call Excavation Notice System (“One-Call”) in a manner inconsistent with what many believe is the general idea behind the…
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Introduction Traditionally, Minnesota statutes have required that public projects be awarded to the contractor that submitted the lowest, responsible bid based on a fully developed set of plans and specifications prepared by an…
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Introduction “No Damage For Delay” clauses have caused contractors headaches for decades. The author of this month’s Briefing Paper drafted legislation which banned use of these clauses on public projects, and thanks to…
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With mediation of construction disputes becoming more prevalent, it is important to understand the process so that you can obtain optimum results in mediation. With that thought in mind, this month’s briefing paper…
The post How to Get the Most Out of Con…
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INTRODUCTION As attorneys, we are constantly advising our clients to document job history, events, potential claims, etc. In this month’s Briefing Paper, we offer several “rules” of effective communication that every construction organiz…
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Introduction Mechanics’ liens are valuable tools that can be used to protect persons that provide materials or labor for the improvement of real property. However, this remedy is only available if you follow…
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Employers are often faced with legal issues or questions involving employees who have been absent or taken leaves for medical reasons. The legal implications of an employer’s actions regarding these employees are complicated…
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On April 16, 2001, the United States District Court for the District of Minnesota indicated that certain types of Market Recovery Program (“MRP”) subsidies are likely illegal, and that their use on publicly…
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As any vendor of internet services will tell you, e-Construction is the next “wave” of change in the construction industry. In fact, an ENR article recently predicted that 10% of construction procurement will…
The post e-Construction appeared first on Fab…
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Introduction Imagine this: you are just putting the finishing touches on your bid for a large construction project for the federal government, a major renovation at a federal office building. The building is…
The post What You Don’t Know Can Hurt Yo…
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Introduction In recent years, public pressure has forced a significant crackdown on drug and alcohol related behavior. Not surprisingly, a body of law is emerging involving claims against employers for injuries caused by…
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Today, there is more construction work available to contractors than there are workers to perform the work. There are, literally, hundreds of unfilled calls into the local unions for electricians, plumbers, fitters, masons,…
The post Labor Shortages ̵…
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Introduction Fabyanske attorneys Dean Thomson and Aaron Dean successfully challenged MnDOT’s procurement process for the $580 million Hiawatha Light Rail Transit (“LRT”) project in what is probably the largest bid protest in Minnesota’s…
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Introduction Traditionally, on large construction projects, an owner contracted with a general contractor for the construction of the entire project. The owner had a single contract with the general contractor. As a result,…
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Introduction It is fashionable these days to disdain litigation in favor of partnering, mediation, mini-trials, arbitration, early neutral evaluations, and other forms of “alternative dispute resolution.” Although each of these devices has its…
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Introduction Marv Fabyanske and Steve Melcher, attorneys with Fabyanske, Westra & Hart, P.A., recently obtained a $2.5 million dollar arbitration award against the State of North Dakota’s Department of Transportation for Morgen &…
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Wisconsin. One just can’t help but think of cheese, beer, and the Green Bay Packers (well, two out of three isn’t bad). Construction law probably does not immediately spring to mind. As competition…
The post Recent Developments in Wisconsin Construction L…
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The post A New Eichleay Case appeared first on Fabyanske, Westra, Hart & Thomson.
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The post New CGL Pollution Endorsements – Don’t Leave Home Without Them appeared first on Fabyanske, Westra, Hart & Thomson.
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Introduction The new federal court building in downtown Minneapolis provides a peek into the future world of computer-assisted litigation. Each courtroom has all the necessary hardware connections needed so clients and their counsel can…
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Introduction Although many contractors would deny it, the practice of bid shopping is alive and well. Whether bid shopping is prudent economic analysis, or the product of greed practiced by the immoral, depends…
The post Show Me the Money appeared first o…
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Introduction Although many contractors would deny it, the practice of bid shopping is alive and well. Whether bid shopping is prudent economic analysis, or the product of greed practiced by the immoral, depends…
The post Bid Shopping appeared first on Fab…
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This Briefing Paper is offered as a smorgasbord of answers to some rare and unusual legal questions combined with others more frequently encountered. The answers to some of these questions will undoubtedly change periodically,…
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Introduction For several years, the Minnesota Chapter of the American Subcontractors Association (“MnASA”) has been leading the efforts of a coalition of subcontractor organizations to pass a broad package of legislation governing the…
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The post Competitive Bidding appeared first on Fabyanske, Westra, Hart & Thomson.
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The post Spring Lake Contractor Recovers $866,000 from the DNR on a $156,000 Contract appeared first on Fabyanske, Westra, Hart & Thomson.
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Introduction Union membership in the construction industry has steadily declined since the mid-seventies. Approximately 40% of construction workers were members of the AFL-CIO building and construction unions in 1973. By 1994, that ratio…
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Introduction The Minnesota AGC Standard Subcontract Agreement is one of the most widely used subcontract forms in the region. Although it was revised slightly in 1989, the current form of the subcontract has…
The post The New Minnesota AGC Standard Subcon…
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