– Legal Insights –
When a professional forms, operates, or transfers a firm, compliance requires more than simply following the laws governing corporations, limited liability companies, or limited liability partnerships. If the firm provides certain professional services, it may also be subject to the Minnesota Professional Firms Act (“MPFA”), codified at Minn. Stat. ch....
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Over the last decade, the use of e-mail communications has increased dramatically. Today, association board members frequently use e-mail to communicate with each other, the association’s manager, attorney and vendors. Sometimes, board members’ discussion on a topic essentially takes place via an exchange of e-mails, and, when a topic comes...
Two recent cases decided by the Minnesota Court of Appeals have clarified Minnesota law regarding mechanic’s lien pre-lien notices. Both decisions bode well for contractors in enforcing their future mechanic’s lien rights. Printed or Typewritten? The first case involved the technical requirements for the visual appearance of a pre-lien notice....
In a previous article, we discussed Performance Bonds, which ensure that public construction projects are completed according to contractual terms. This article will offer a general overview of the related concept of payment bonds which, just as they sound, are bonds to ensure payment for work performed. The Minnesota Public...
Board members enjoy a significant privilege: that of being in the “inner circle,” privy to the decision-making process and the long-term plans for the association. Yet, each member also has significant responsibilities – including a duty to be prepared, to act prudently, and to act in the best interest of...
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...
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...