Fabyanske, Westra, Hart & Thomson, P.A.

03/02/2023

The Minnesota Legislature is working quickly to legalize recreational ma*****na before the legislative session ends, and the changes in Minnesota law raise important questions about whether contractors need to update their workplace and drug testing policies. This Briefing Paper examines the new challenges for employers and provides recommendations on best to implement drug testing going forward.

Julia is a shareholder of the firm’s Construction Law Department. She can be reached at 612.359.7622 or [email protected]. Minnesota Democrats have pledged that they will pass legislation allowing recreational ma*****na this session with…

02/14/2023

“Line” liens provide contractors working on renewable energy projects with a powerful tool to secure payment for their work. However, Minnesota’s current line lien statute is vague and uncertain. This article examines what line liens are, what rights they may or may not cover, and explains the need for a legislative solution.

Hugh Brown and Kasia Kokoszka are members of the firm’s Construction Law Department. Hugh can be reached at 612.359.7663 or [email protected]. Kasia can be reached at 612.359.7601 or [email protected]. Mechanics’ liens are critical…

08/10/2022

When faced with claims asserted by a third party, one of the first steps a contractor may take is to tender the claim to its insurer for defense and indemnification. In response, an insurer may agree to provide a defense against the claims under a “reservation of rights.” This article examines the rights insurers typically try to reserve and the possible ramifications for contractors.

  Colin is a member of the firm’s Construction Law Department. He can be reached at 612.359.7665 or [email protected]. When facing a claim asserted by a third party, one of the first steps a contractor may take is to tender …

08/04/2022

Mark Becker, shareholder in the construction law department of Fabyanske, Westra, Hart & Thomson, attempts to answer the age-old question that continues to recur with a high level of frequency: does the contract need to be signed?

Mark is a shareholder in the firm’s Construction Law Department. He can be reached at 612.359.7620 or [email protected]   It takes a measure of fortitude, integrity, and confidence to sign a construction contract. You put your reputation, risk, funding, …

07/20/2022

Mediation can be an effective way to resolve construction disputes, but increasingly parties treat the mediation session itself as the first opportunity to meaningfully address issues in dispute, often resulting in impasse. A recent survey of construction lawyers offers concrete recommendations for mediation timing, preparation, and the mediation session that will improve its chances of success.

Dean and Julia are members of the firm’s Construction Law Department. Dean can be reached at 612.359.7624 or [email protected]. Julia can be reached at 612.359.7622 or [email protected]. All standard construction industry contract forms require mediation of disputes as a condition precedent...

07/06/2022

The Spearin doctrine, which generally protects contractors from defective bidding documents prepared by an owner, arose in the context of federal contracts. Does it also apply between private contracting parties? One court recently answered that question affirmatively, noting that as a matter of fair dealing a bidding contractor is entitled to rely on positive representations in bidding documents.

  Nathan is a member of the firm’s Construction Law Department. He can be reached at 612.359.7606 or [email protected]   Every construction litigator and many construction contractors are well-versed in the Spearin doctrine. The Spearin doctrine, which is also known as the implied warranty .....

11/16/2021

The Emergency Temporary Standard (ETS) issued by OSHA on November 5, 2021 imposes a vaccine-or-test mandate on private employers with 100 or more employees. Employers are uncertain about what they need to do to comply, so this Briefing Paper provides an overview of the ETS and guidance for employers on its key requirements.

  Kasia is a member of the firm’s Construction Law Department. She can be reached at 612.359.7601 or [email protected]   As of November 5, 2021, the Emergency Temporary Standard (ETS) issued by OSHA requires private employers with 100 or more employees …

09/01/2020

Congratulations Mark Becker, Charles Carpenter, Matt Collins, Rory Duggan, Gary Eidson, Marv Fabyanske, Kyle Hart, Jesse Orman, Dean Thomson and Mark Westra for being recognized by Best Lawyers in America©

Minnesota Construction, Bankruptcy, Commercial Real Estate, Finance, Lending and Banking, Tax and Business Planning Lawyers. Workout and Loan Restructuring Attorney

08/23/2017

ME3D did a great job on our model of US Bank Stadium.

08/24/2016

Congratulations to Fabyanske attorneys recognized by Best Lawyers© including the 2017 Litigation-Construction “Lawyer of the Year”.

Minnesota Construction, Bankruptcy, Commercial Real Estate, Finance, Lending and Banking, Tax and Business Planning Lawyers. Workout and Loan Restructuring Attorney

03/31/2016

Fabyanske, Westra, Hart & Thomson, P.A. Gary Eidson and Paul Ratelle to Present at Commercial Leasing Seminar on May 17, 2016 in Minneapolis, Minnesota.

Minnesota Construction, Bankruptcy, Commercial Real Estate, Finance, Lending and Banking, Tax and Business Planning Lawyers. Workout and Loan Restructuring Attorney

02/17/2016

Congratulations to Rachel Elvester on being elected a Shareholder.

Minnesota Construction, Bankruptcy, Commercial Real Estate, Finance, Lending and Banking, Tax and Business Planning Lawyers. Workout and Loan Restructuring Attorney