Construction and Design Projects

Wisconsin Supreme Court Upholds Application of Construction Contract Subrogation Waiver Over Statutory and Exculpatory Challenges

Subrogation waivers remain enforceable in the construction context in Wisconsin.  In Rural Mut. Ins. Co. v. Lester...

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8th Circuit Denies “Drive-By” ADA Claims

The 8th Circuit recently affirmed a District of Minnesota Order for Summary Judgment, dismissing claims for damages stemming from...

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Access Press Features O’Meara Leer Partner’s Integrated Community Project

Access Press, the leading media source for the Disabilities Community, recently published an article featuring Shamus...

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Local Business Leaders Launch $100 Million Community Project Design Benefiting People With Developmental Disabilities

Shamus O’Meara, a partner with O’Meara Leer Wagner & Kohl and CEO of O&D Group, LLC, and Chris Gibbs, Principal...

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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...

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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...

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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...

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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...

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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....

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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...

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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...

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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...

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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...

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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...

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Minnesota Supreme Court Confirms that Statute of Limitations for Claims of Defective Construction Can Begin to Run Before Substantial Completion

The Minnesota Supreme Court confirmed in 328 Barry Ave., LLC v. Nolan Properties Group, LLC that the two-year statute of...

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Legislature Revises Data Privacy Act Involving Public Entity Contracts With Private Parties

Governor Dayton recently signed legislation revising the Minnesota Government Data Practices Act to clarify that private parties...

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