– Legal Insights –
Wicked Good Writing. This month’s pop culture feature centers on Wicked the movie—slight spoilers ahead. In Wicked, we learn that stories are shaped by perspective. Much like Glinda and Elphaba’s conflicting narratives, legal writing shapes a client’s story, highlighting the importance of clarity, strategy, and empathy. Perspective is a key...
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You see more and more planned communities in Minnesota everyday. Townhouse, condominium and other forms of planned communities are becoming increasingly prevalent in Minnesota real estate development. With the increased popularity of planned communities, Minnesota community associations law has developed in leaps and bounds over the last several years. Minnesota...
We receive many inquiries from real estate agents, sellers and buyers when a seller or buyer refuses to close on the real estate transaction, and the other party is left to deal with the consequences. Since real estate agents spend considerable time and money to sell properties for their sellers...
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Governor Pawlenty has just signed the “Right to Repair” amendment into law with an effective date of August 1, 2006. This amendment to the Minnesota homeowner’s warranty statute will require the owner to allow the vendor (i.e. builder or home improvement contractor) an opportunity to inspect the property and offer...
FACT OR FICTION: A construction bid is an offer, and if it is accepted, a legal contract is formed. ANSWER: FACT! A contract is a promise, or a set of promises, to which the law attaches a legal obligation. For a contract to be enforceable there must be an offer...
The “pay-if-paid” or “pay-when-paid” clause is frequently included in subcontracts. These clauses state that the general contractor is not required to pay the subcontractor unless and until the project owner pays the general contractor. Such provisions can be problematic to subcontractors when collection action is necessary. If the subcontractor demands...
NO MECHANICS LIEN RIGHTS? TRY A CONSTITUTIONAL LIEN Most people in the construction industry are familiar with mechanics liens. Under Minnesota law, if a contractor or material supplier is not paid for its services, it may file a lien against the real estate involved to secure payment. There are many...