Category Archives: Construction Law

Construction Law News

The Common Enterprise Defense is Alive and Well, But Still Not Without Limits

OLWK Attorneys Brian McSherry and Lance Meyer recently co-authored an article regarding the Minnesota Supreme Court’s decision in Kelly v. Kraemer Constr., Inc., in which the court broadly applied the common-enterprise defense after a twenty-year hiatus.  As discussed in a … Continue reading

Posted in Business and Commercial Law, Construction Law, Employer Liability, Premises Liability, Subrogation, Workers' Compensation | Leave a comment

Minnesota Supreme Court Issues Anti-Manufacturer Decision in Products-Liability Case and Grants Review in Another Significant Case for Product Manufacturers

The Minnesota Supreme Court recently took action in two products-liability cases we have been monitoring. First, the court issued its decision in Montemayor v. Sebright Products, Inc., A15-1188 (July 12, 2017), a case stemming from an incident in which a … Continue reading

Posted in Construction Law, Insurance Coverage, Premises Liability, Products Liability, Property and Fire, Subrogation | Leave a comment

Minnesota Supreme Court Solidifies Common-Enterprise Doctrine with Ruling in Favor of Third Party

This week, the Minnesota Supreme Court held in Kelly v. Kraemer Construction, Inc., A15-1751, that a general contractor hired to repair two bridges and the subcontractor it hired to assist with the project were engaged in a common enterprise for … Continue reading

Posted in Business and Commercial Law, Construction Law, Employer Liability, Subrogation, Workers' Compensation | Leave a comment

Minnesota Court of Appeals provides guidance on Minnesota’s Construction Defect Statute of Limitations and MCIOA Six Year Repose Period

Minnesota’s Court of Appeals provides guidance on the interpretation of Minnesota’s Statute of Limitations for construction defect cases and on the Minnesota Common Interest Ownership Act’s (“MCIOA”) six-year statute of repose in the unpublished case Town Center Office Plaza Assoc. … Continue reading

Posted in Business and Commercial Law, Construction Law, General Liability | Leave a comment

Condo Developer Held Liable for Design and Construction Defects Under MCIOA—Is it Finally Time for a Change?

OLWK Associate Attorney Lance Meyer recently co-authored an article regarding the Minnesota Court of Appeals decision in 650 N. Main Assoc. v. Frauenshuh, Inc., in which the court held a developer liable under the Minnesota Common Interest Ownership Act for … Continue reading

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Minnesota Court of Appeals holds developer vicariously liable for design and construction defects under the Minnesota Common Interest Ownership Act

In one of the first appellate court decisions to address the scope and applicability of the implied warranties under the Minnesota Common Interest Ownership Act (MCIOA), the Minnesota Court of Appeals held a developer vicariously liable under the MCIOA for … Continue reading

Posted in Business and Commercial Law, Construction Law, Insurance Coverage, O'Meara, Leer, Wagner & Kohl News, Our People | Leave a comment

Attorneys O’Meara, Thornsjo and Leer Named 2016 SuperLawyers; McSherry Named Rising Star

O’Meara, Leer, Wagner and Kohl is proud to announce that three of the Firm’s shareholders –Shamus P. O’Meara, Timothy J. Leer and Dale O. Thornsjo – have once again been recognized as “Super Lawyers” by their peers in Minnesota.  Joining them this … Continue reading

Posted in Alternative Dispute Resolution, Business and Commercial Law, Construction Law, Education Law, General Liability, Insurance Coverage, Motor Vehicle, O'Meara, Leer, Wagner & Kohl News, Our People, Premises Liability, Products Liability, Professional Liability | Leave a comment

Governor Dayton Signs Law Affecting Undisputed Construction Contract Payments and Retainage

Last Tuesday, the Minnesota State Legislature passed a bill regarding payments under building and construction contracts. The bill amends Minnesota Statute section 337.10, subdivisions 3 and 4, by allowing work to be suspended if undisputed payments are not received and … Continue reading

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Minnesota Supreme Court holds a fact finder may consider embedded-labor-cost depreciation, among other factors, when determining the “actual cash value” of damaged property under the Broad Evidence Rule.

In reformulating and answering a certified question from Federal District Court for the District of Minnesota, the Minnesota Supreme Court held this week in Wilcox v. State Farm Fire & Cas. Co., A15-0724, 2016 WL 516707, that, when a homeowner’s insurance policy … Continue reading

Posted in Construction Law, Insurance Coverage, Property and Fire, Uncategorized | Leave a comment

Court of Appeals warns contractors — comply with the notice procedures in the construction contract or risk waiver.

In Contractors Edge, Inc. v. City of Mankato, the Minnesota Court of Appeals held in an unpublished decision that a contractor was barred from pursuing a breach-of-contract claim against the City of Mankato after it failed to strictly follow the … Continue reading

Posted in Alternative Dispute Resolution, Business and Commercial Law, Construction Law, General Liability, Government Liability | Leave a comment