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Brandon, Kathryn and Michael Schwartz

Building Strong Cases For Your Construction Disputes

Last updated on March 10, 2026

At Schwartz Law Firm, we are your partners in navigating the complexities of construction law. We understand that construction disputes are often stressful and costly. That is why we have dedicated our practice to personalized and effective litigation counsel to businesses and individuals in Oakdale and the surrounding areas since 1983.

We are committed to protecting your rights and achieving the best possible outcome for your case. With the counsel of our construction litigation attorneys, you have a team that can advise you strategically in cost-effective dispute resolution or legal action.

Addressing Common Issues In Construction Litigation

Construction projects often involve numerous parties, complex contracts and significant financial investments. This complex landscape can lead to a variety of disputes. We can help you resolve issues such as:

  • Construction defects
  • Design defects
  • Workmanship issues
  • Project delays
  • Cost overruns
  • Change orders
  • Material failures
  • Structural issues
  • Warranty claims
  • Building code violations

Our construction litigation lawyers have a deep understanding of construction law and a proven track record of successfully resolving construction disputes. We will work tirelessly to protect your interests and achieve a favorable resolution for you.

Cutting Through The Challenges Of Oral Contracts

In Minnesota, oral contracts can be legally binding in some construction situations. However, proving the terms and conditions of an oral agreement is exceedingly difficult. We always recommend written contracts for any construction project. A well-drafted contract can help to prevent misunderstandings and protect all parties involved.

If you are involved in a dispute involving an oral contract, having skilled construction dispute lawyers and contract dispute lawyers by your side is crucial. We can help you gather evidence, establish the terms of the agreement and present a compelling case to protect your rights.

What Are Mechanic’s Liens And How Do They Work?

A mechanic’s lien is a type of claim against a property. Typical parties that file mechanic’s liens include contractors and subcontractors or suppliers. They may not have received payment for their labor or the materials provided.

To file a mechanic’s lien, the claimant must typically complete a lien form and submit it to the local county recorder’s office within a specific timeframe after work completion, often 120 days. It is essential to notify the property owner about the lien.

If another party has filed a lien against you, resolving it involves paying the owed amount or disputing the claim with your construction litigation attorney if incorrect.

Effective Solutions To Disputes, Including Litigation

We believe in exploring all avenues to resolve construction disputes efficiently and effectively. We often utilize alternative dispute resolution (ADR) methods, such as mediation and arbitration, to help our clients avoid the time and expense of litigation. However, we also recognize that litigation is sometimes necessary. We are seasoned litigators who are not afraid to fight for our clients’ rights in court. Our construction litigation attorneys have a strong track record of success representing clients in a wide range of construction disputes.

Frequently Asked Questions About Construction Litigation In Minnesota

As attorneys who regularly guide contractors and property owners through the construction litigation process, we understand the common questions that arise once problems surface. That is why we have addressed most of the questions we often encounter.

What evidence is needed to support a construction litigation case?

Detailed and well-documented evidence is the decisive legal factor to succeed in a construction litigation case. This includes:

  • Signed contracts
  • Invoices
  • Blueprints or plans
  • Change orders
  • Written communications (emails, text messages)
  • Photos or videos of the defect or issue
  • Inspection reports
  • Expert assessments

You can also lean on witness statements and construction logs as evidence. Essentially, the more documentation showing the scope of work agreed upon and how the performance failed to meet that standard, the stronger your claim will be in court.

What should I do if I encounter a construction defect?

First, document the defect thoroughly with photos and written descriptions. Notify the contractor or responsible party in writing and give them an opportunity to respond. Avoid making any repairs until an independent inspector or expert evaluates the issue.

If the defect poses a safety risk or threatens further property damage, take reasonable steps to protect yourself and your property, but preserve the original condition as much as possible for evidence purposes. Then, consult with a legal defender to understand your options as per Minnesota law.

What are the advantages of resolving construction disputes through litigation?

Litigation may offer a clear path to enforce your rights, especially when other dispute resolution methods have failed. A judge can compel compliance, award damages or issue injunctions that force corrective action.

For many clients, litigation helps ensure a more formal and enforceable resolution. In Minnesota, construction litigation also helps establish legal precedent in certain cases, which can be important for ongoing business practices.

What is the statute of limitations for construction defect claims in Minnesota?

Minnesota statutes establish a ten-year period of repose for most claims involving construction defects, commencing when the construction reaches substantial completion. However, there is also a two-year statute of limitations from when the defect is discovered or should have reasonably been discovered. This means acting promptly once you become aware of an issue is critical to avoid losing the right to bring a claim.

Get The Construction Law Guidance You Need

At Schwartz Law Firm, we help you lay the foundation for success in contract disputes. We are here to help you understand your rights and options.