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Big Lake Revisited: MN Supreme Court Keeps Determination of Lien Priority Messy

Back in May, I wrote about lien priority in Minnesota and the “relation back” doctrine, which holds that: All liens, as against the owner of the land, shall attach and take effect from the time the first item of material or labor is furnished upon the premises for the beginning of the improvement, and shall […]

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construction lien for movie theater installation

Installing Speakers, Movie Screens, Lenses Not Enough for Minnesota Mechanics Lien Rights

Earlier today we wrote about a Minnesota Court of Appeals decision holding that minor repair work could be considered when calculating the mechanics lien deadline. The case’s discussion of mechanics lien law was even broader than this providing a lengthy explanation of what work is and is not lieanble. General Minnesota Rule About What Is […]

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construction lien deadlines

Minnesota Mechanics Lien Case Holds Repair Work May Extend Lien Period

Mechanics lien aficionados will enjoy reading a recent unpublished decision from the Minnesota Courts of Appeal, which contains a detailed discussion about what work extends the lien filing deadline and what work qualifies for a mechanics lien at all. The case – Bright Star Systems Corporation v. MN Theaters 2006, LLC – is so robust […]

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Minnesota Mechanics Lien Law: 5 Things to Know

Not sure where to start on your Minnesota mechanics lien? Let the “5 things to know” below guide you into getting paid! Suppliers to Suppliers do Not have Minnesota Mechanics Lien Rights Parties who furnish labor, materials, or services at the request of the owner, owner’s agent, general contractor, or subcontractor on a construction project […]

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Mechanics Lien Priority

Minnesota Mechanics Lien Law: Priority and Relation-Back

Many states allow a mechanics lien to relate back to the beginning of the project for purposes of establishing priority. The hard part is determining what constitutes the beginning of the project. After much litigation, the Minnesota Supreme Court may provide some guidance on how to define “one continuous project”. Minnesota’s “Relation-Back” Doctrine Regarding Mechanics […]

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Lien Law Alert: ASA Allowed To File Brief In Minnesota Bond Claim Case Before Supreme Court

Earlier last month we reported on a controversy Minnesota Appeals decision where a bond claim was harshly invalidated based on a technicality whereby the claim was sent to a general contractor’s principal address but not the address listed for the contractor within the bond itself.  That case – Safety Signs, LLC v. Westfield Insurance Co. […]

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Lien Law Alert: Minnesota Bond Claims Effective Upon Mailing, Not Receipt

Earlier today we wrote about a recent decision from the Minnesota Court of Appeals whereby a bond claim was invalidated based on a tiny technicality about which address the notice of the claim was sent.  That blog post focused mostly on the result of the case and the reasoning supporting that result. While clearly important, the appeals […]

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Lien Law Alert: Bond Claim Invalidated Based On Tiny Technicality In Minnesota

In Safety Signs LLC v. Westfield Insurance Co, the Minnesota Appeals Court issued a decision that feels clearly wrong. In response, the case was appealed to the state’s highest court, and the American Subcontractors Association has submitted an application to file an Amicus Curiae brief requesting that the appeals decision get overturned. While this case should […]

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Mechanics Lien Priority Case Inspires Minnesota To Create New Analysis For Determining Whether A Project Is Abandoned Or Not

A mechanics lien claimant filed a lien after a mortgage was placed against the jobsite, but the lien related to work performed prior to the mortgage. These facts were stipulated to in a case rencently before the Minnesota Appeals Court, but they were still required to decide who had priority: the lender or the claimant? […]

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Careful What You Waive – You May Regret It – Minnesota Appeals Court Sticks Supplier Because Of Lien Waiver

Lien waivers are a fact of life in the construction industry. They are made part of almost every payment application. In fact, lien waivers are so commonplace that the practice is actually very, very messy. What do I mean by messy? Well, with some many parties exchanging waivers, haggling over languge, and the like, it’s […]

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Duh! Stupid Argument Rejected by Minnesota Preserving 120 Day Claim Period Against Payment Bonds

Hat tip to Greta McMorris (@SuretyLaw) for tweeting about a case decided by the Minnesota Court of Appeals last week that focused on the timeliness of a payment bond claim on state projects in the state. The case is API Electric Company v. North America Speciality Insurance Company. I think it’s an important case, but […]

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