Minnesota Permits Service of a Lien By an Officer of a Lienor’s Company

The Minnesota Supreme Court recently ruled that an officer of a party may personally serve a mechanics’ lien statement. In Eclipse Architectural Group v. Lam, 814 N.W.2d 692 (Minn. 2012), the officer of a Minnesota mechanics’ lien claimant personally served a mechanics’ lien statement on the owner of the property. The property owner claimed that […]

Minnesota: What contractors need to know about the Contractor Registration Pilot Project

The following article was written by Michael B. Lapicola and Hanna L. Terhaar of Faegre Baker Daniels. Beginning in July, 2012 and before September 15, 2012, most contractors and subcontractors in the building construction industry will be required to register with the Minnesota Department of Labor and Industry in the Contractor Registration Pilot Project (“Pilot Project”). It […]

Are Pay If Paid Clauses Enforceable?

An age old story in construction is as follows: the owner doesn’t pay the contractor, and a subcontractor, who has performed its work diligently and according to its contract, doesn’t get paid either. Most of these situations arise because the subcontract contains “pay when paid” or “pay-if-paid” clauses. These clauses shift the risk of nonpayment […]