Scope of work and change orders
A disagreement over extra work may involve more than whether a change order was signed. The review should establish the original scope, who requested the change, who had authority to approve it and how the parties addressed price and timing.
James evaluates the contract's requirements alongside the proposals, project correspondence and work performed. That analysis helps distinguish a disagreement over the original bargain from a claim for additional work.
Unpaid balances, retainage and backcharges
Payment disputes can involve withheld progress payments, disputed final invoices, retained funds or deductions for alleged repair and completion costs. We examine the contractual basis for the amount claimed and the evidence supporting any withholding or offset.
Minnesota law also addresses construction payment obligations, including prompt payment to subcontractors, progress payments and retainage. The applicable rules and exceptions must be considered alongside the agreement and the circumstances of the project.
Performance disputes and demands for corrective work
When a contractor is accused of deficient or incomplete performance, the response should identify the specific obligation at issue, the work actually performed and the evidence supporting the claimed loss. Repair estimates and completion demands also need to be evaluated against the agreed scope and the project record.
James's construction practice includes defending contractors and developers against allegations of construction defects and deficient performance. That work can overlap with disputes over payment, change orders and responsibility among project participants.
Contract claims and mechanic's liens
A claim for payment under a construction contract and a mechanic's lien involve different rights and requirements. Depending on the facts, a contractor may need to evaluate both. Contract negotiations should not distract from the separate notice, recording, service and enforcement requirements that may apply to a lien.
Building the record for negotiation or litigation
We organize the dispute around the issues that can affect the outcome: the operative agreement, authorized changes, the work performed, the payment history and the claimed damages. The review also identifies contractual notice requirements and any provisions governing how disputes must be resolved.
The resulting strategy may involve a documented response to a demand, negotiations or litigation. The approach should reflect the strength of the evidence, the amount at stake and the effect of the dispute on the client's business.
Related contract litigation experience: First & First v. Chadco
James Magnuson's related experience includes representing Chadco of Duluth in litigation and a published appeal involving cancellation of a commercial real estate purchase agreement. The appeal addressed the purchaser's request to temporarily stop cancellation.
Commercial real estate disputes and the Chadco appeal
Read the published Chadco opinion
Contract advice before a dispute develops
James also provides outside general counsel to contractors and developers. His work includes project agreements, customer and subcontractor contracts, change orders and payment terms.
Clear agreements and consistent documentation help clients understand their obligations and address disagreements as they arise. Advice during a project can also help preserve the record if litigation later becomes necessary.
Discuss a construction contract matter
Contact James Magnuson about a disputed construction agreement, payment demand or allegation of deficient performance. Have the contract, relevant revisions, payment records and key correspondence available for an initial discussion, and identify any approaching deadline.
Contact the firm first to arrange a conflict check and an appropriate way to share documents.
James Magnuson
james@mjblawmn.com
612-716-3099