John Mark Goodman | BuildSmart A Minnesota federal court dismissed a tunnelling contractor’s differing site condition claim because notice of the condition was given eight days after the conditions were first observed whereas the contract required notice within three days (see Engineering & Construction Innovations, Inc. v. Bradshaw Construction Corp.). The project at issue involves installation of a… Continue reading Court Rejects Differing Site Condition Claim for Lack of Timely Notice
Tag: Minnesota
Minnesota Just Made It Harder For Insureds To Claim ‘Bad Faith
Matthew S. Jones | Freeman Mathis & Gary In the matter entitled Fishbowl Solutions v. Hanover Ins. Co., the United States District Court for Minnesota affirmed a Magistrate Judge’s Order denying an insured’s motion to amend the complaint to allege “bad faith.” The insured purchased a technology professional liability policy. When a third-party fraudster obtained… Continue reading Minnesota Just Made It Harder For Insureds To Claim ‘Bad Faith
Change to the Statute of Limitations for Construction Defect Cases – How It Affects You
Samantha Carmickle and John Holper | Winthrop & Weinstine Under Minnesota Statutes § 541.051, an action arising out of the construction or improvement of real property must be commenced within two years after the cause of action accrues.[1] But when does the cause of action accrue? The Minnesota Supreme Court answered this question on February 3,… Continue reading Change to the Statute of Limitations for Construction Defect Cases – How It Affects You
Change to the Statute of Limitations for Construction Defect Cases – How It Affects You
Samantha Carmickle and John Holper | Winthrop & Weinstine Under Minnesota Statutes § 541.051, an action arising out of the construction or improvement of real property must be commenced within two years after the cause of action accrues.[1] But when does the cause of action accrue? The Minnesota Supreme Court answered this question on February 3,… Continue reading Change to the Statute of Limitations for Construction Defect Cases – How It Affects You
Minnesota Supreme Court’s First Opinion on the State’s Bad Faith Statute
J. Kent Crocker | Carlton Fields The Minnesota Supreme Court in the matter of Alison Joel Peterson v. Western National Mutual Insurance Company, 946 N.W.2d 903 (Minn. 2020) opined for the first time on the state’s bad faith statute (Minn. Stat. § 604.18) and weighed in on the interpretation of the two prongs contained within the… Continue reading Minnesota Supreme Court’s First Opinion on the State’s Bad Faith Statute