Construction Litigation in Minnesota + Wisconsin
At Lommen Abdo, we understand the complexities and challenges of the construction industry. Our Construction Litigation Practice is specifically tailored to navigate the intricate landscape of commercial and residential construction claims.
Welcome to Lommen Abdo's Construction Litigation Practice
At Lommen Abdo, we understand the complexities and challenges of the construction industry. Our Construction Litigation Practice is specifically tailored to navigate the intricate landscape of commercial and residential construction claims.
Our team offers unparalleled experience in managing complex construction litigation. We are zealous advocates for our clients, ensuring every case is handled with precision and dedication. Whether you’re facing a dispute over commercial development or residential construction, Lommen Abdo can effectively represent your interests.
Our Approach to Construction Litigation
At Lommen Abdo, your success is our priority. We provide personalized legal services designed to meet the specific needs of the construction industry. By understanding your unique challenges and opportunities, we tailor our strategies for litigation success.
Our experienced attorneys, including Jamie Johnson Wade Johnson, Mike Moline, Reid Lindquist, Kathleen Loucks, Lauren Nuffort and Joseph Wetch, have each handled scores of construction litigation cases. Their focus on high-stakes litigation within the construction industry has consistently led to favorable outcomes for our clients.
We believe in building more than just a lawyer-client relationship; we aim to be your strategic partner. Our team is dedicated to adding value to your business through proactive legal counsel and effective risk management, helping you confidently navigate the legal complexities of the construction industry.
Commitment to Industry Engagement and Leadership
Lommen Abdo is a leader in construction law, actively contributing to publications and conferences that influence the industry’s future. Our commitment to leadership and engagement positions us at the forefront of legal and industry developments, allowing us to better serve our clients with a more thorough and strategic understanding of the construction industry.
Who We Serve
Our Construction Litigation Practice serves:
General Contractors
General contractors often face legal challenges, including disputes over contract terms, delays, deficiencies, and non-performance claims. In Minnesota, Wisconsin, North Dakota and South Dakota general contractors must navigate complex regulatory requirements, including compliance with safety standards . Litigation can also involve issues with subcontractors or suppliers, mechanic’s lien enforcement, defense, and liability for construction defects. Lommen Abdo provides comprehensive legal support to protect general contractors against potential risks and ensure the smooth execution of construction projects.
Subcontractors
Subcontractors are crucial in the construction industry but can encounter disputes related to payment, scope of work, their work, and contract specifics. In Minnesota, Wisconsin, North Dakota and South Dakota, subcontractors may need to enforce mechanic’s liens to secure payment for services rendered and materials provided. They also face challenges related to contractual obligations with general contractors or other subcontractors, often requiring legal intervention to resolve issues of breach of contract or delays attributed to other parties’ actions. Lommen Abdo assists subcontractors in asserting their rights and navigating the complexities of contractual relationships in the construction industry.
Architects
Architects often deal with a wide variety of legal issues, including allegations of design flaws or failure to meet project specifications. In Minnesota, Wisconsin, North Dakota and South Dakota, architects must adhere to stringent professional standards and codes, which, if breached, can lead to litigation. Disputes may also arise from contractual agreements with clients or other construction professionals where the scope of work or the execution of designs is contested. Lommen Abdo represents architects in defending against claims of professional negligence and pursuing claims for breach of contract or non-payment.
Engineers
Engineers, like architects, face potential litigation over alleged design errors or miscalculations that impact a project’s safety or functionality. Disputes can also arise from disagreements over the engineer’s role and responsibilities as defined in contractual agreements. Additionally, compliance with Minnesota, Wisconsin, North Dakota and South Dakota’s industry regulations and standards is critical, and failure to meet these can result in significant legal challenges. Lommen Abdo supports engineers by providing robust defense against claims and helping manage contractual disputes efficiently.
Design Professionals
Design professionals, including interior designers and landscape architects, can face litigation related to intellectual property rights, design plagiarism, or dissatisfaction with a project’s aesthetic or functional aspects. Contract disputes over the scope of work, compensation, or project deliverables are common. In Minnesota, Wisconsin, North Dakota and South Dakota, these professionals must navigate contracts that often involve multiple parties and layers of approval, making clear and proactive legal strategies essential. Lommen Abdo offers extensive experience in resolving these complex disputes, ensuring that design professionals’ rights and creative integrity are protected.
Our Services
We focus on a comprehensive range of construction-related legal services, including:
Mechanic’s Lien Disputes
Mechanic’s liens provide critical protection for contractors, subcontractors, and material suppliers seeking compensation for their work and materials on a project. At Lommen Abdo, we have extensive experience navigating the complexities of mechanic’s lien law. We assist our clients in filing timely and accurate liens and vigorously defend their rights in disputes. Whether enforcing a lien to secure payment or challenging one to defend property rights, our team ensures compliance with all procedural and statutory requirements to protect your interests. If you have a mechanic’s lien issue in Minnesota, Wisconsin, North Dakota or South Dakota, the attorneys at Lommen Abdo are an excellent resource to help with your needs.
Construction Defect and Warranty Disputes
Construction defects can significantly impact the value and safety of a property. Property owners and contractors have the right to pursue legal action for defects that result from substandard workmanship or materials. Lommen Abdo’s attorneys are skilled in handling construction defects and warranty disputes, representing clients throughout the claim process—from initial assessment and expert consultations to litigation or settlement negotiations in the states of Minnesota, Wisconsin, North Dakota, and South Dakota. We focus on achieving resolutions that address our client’s financial and operational concerns while upholding their reputation and business relationships.
Contractor Disputes
Disagreements between contractors and other parties, such as subcontractors, suppliers, or project owners, can arise from issues like breach of contract, delays, non-payment, or unsatisfactory performance. Lommen Abdo provides strategic legal solutions tailored help clients resolve these disputes efficiently and effectively. Our approach includes negotiation, mediation, arbitration, or litigation, depending on the client’s needs and goals. We aim to minimize disruption and preserve the viability of ongoing projects and professional relationships.
Contract Disputes
Contracts are the foundation of construction projects, and disputes over terms or performance can be detrimental. Lommen Abdo attorneys aid with contract review within the construction industry, offering legal advice and skilled representation in disputes over contract interpretation, enforcement, and compliance. We work closely with our clients to understand the nuances of each contract and provide defenses or pursue claims based upon the contractually agreed upon terms. Our goal is to ensure that contractual disputes are resolved in a manner that protects our clients’ rights and interests, allowing them to continue their business operations smoothly.
Wisconsin Prompt Payment Act
Wisconsin’s Prompt Payment Act dictates the timing and conditions under which payments must be made in the construction industry. Non-compliance can result in significant penalties. These payments include:
Owners to Contractors
The Act stipulates that once an owner receives a proper invoice from a general contractor, the owner must make payment within the specified contractual period, which cannot exceed a reasonable time. If no specific time frame is agreed upon, the standard is typically within a reasonable period based on industry standards.
Contractors to Subcontractors
After receiving payment from the owner, the general contractor must pay the subcontractors. The Act ensures that subcontractors are paid promptly within 7 days after the contractor has received payment for their invoiced work. This provision is crucial to prevent delays in payment cascading down from general contractors to subcontractors and suppliers.
Subcontractors to Sub-Subcontractors and Suppliers
Similarly, subcontractors must pay their subcontractors and suppliers within a specified period after receiving payment from the general contractor. This ensures that all parties involved in the construction project are paid promptly, helping to maintain financial stability and project continuity. Lommen Abdo assists clients in pursuing owed payments under this Act and defending against non-payment claims, strictly adhering to state laws in all actions.
Lommen Abdo: Your Construction Litigation Partners
At Lommen Abdo, we are committed to excellence in construction litigation. Let us help you build on a foundation of legal security and business success. Contact us today to learn how we can support your construction law needs.
Commonly Asked Questions
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What type of clients does the construction group serve?
We serve many groups, including:
- General Contractors
- Subcontractors
- Building Owners
- Developers
- Design Professionals
- Insurers
- Commercial and Residential Associations
- Manufacturers of building products and materials
- Life safety companies
- Job site injuries and OSHA investigations
There are many industries within construction, which specific industries do you serve?
We serve several industries including the following:
- Commercial
- Residential (single family and multi-family (i.e. condominiums, townhomes, etc.))
- Agricultural
- Light industrial
How does the construction team at Lommen Abdo help clients minimize and manage risk?
We have many ways of managing risk for our clients, including claim mitigation, pre-closing inspections, punch list negotiations, AIA contracts and contract development (both drafting and preparing). Reach out today to learn more about how we can mitigate risk for you.
If there has been a structural failure, what process does the team at Lommen Abdo implement to represent the client?
Our process begins with us recommending and helping you select engineering professionals to assess the structural damage and remediation expense. Next, we’ll work with our client and engineering professionals to assess the of scope of repair. After assessing the scope, we’ll help with the selection of remediation contractors and finally, we’ll pursue claims for payment for remediation.
How does the mediation process work within the construction industry?
The mediation process works much like that in other civil cases. Minn Stat 327A does provide for an available construction claim mediation procedure to attempt to resolve claims. Generally, parties engage in mediation with the assistance of an experienced attorney or retired judge with construction litigation experience in order to mutually resolve disputes.
What are the most common mistakes contractors include in their contracts?
The biggest mistake we often see is that contractors don’t have a contract to begin with. This can lead to problems down the road, and we suggest working with an attorney to help draw up contracts to protect yourself. Another common mistake we see is failure to include proper indemnification provisions and proper mechanic’s lien notices.
What is most important in the construction industry to include on the company’s General Liability insurance policy?
If available, coverage for breach of contract, and/or coverage for indemnification of others for their own negligence.
Construction Law Videos
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News + Articles
Favorable Decision in Defending Construction Contractor
Keith Broady and Nick Dolejsi received a favorable court decision in defending a construction contractor from claims of construction defects. The plaintiff, a homeowners’ association for a condominium, made direct claims against both the contractor and developer...
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