Mechanic's liens & payment disputes
James assists with mechanic's lien preparation and enforcement, contested lien claims and disputes over lien priority. His work includes evaluating contracts, payment records, lien waivers and the notice and service issues that can affect a claim.
For contractors seeking payment, the initial review should identify the unpaid work, the parties responsible and any approaching deadlines. When a lien is contested, the analysis also requires attention to the property, the project relationships and the basis for challenging the claim.
Construction contract disputes
Construction disputes often turn on what the parties agreed to do and how the project changed after work began. James represents contractors and developers in disagreements involving scope of work, change orders, payment obligations and alleged failures to perform.
We review the contract alongside proposals, revisions, correspondence and project records. That work helps establish what was required, what changed and how the dispute should be addressed through negotiation or litigation.
Construction defect defense
James defends contractors and developers against claims involving alleged construction defects, deficient performance and property damage. The work includes assessing repair demands, the claimed deficiencies and responsibility among the parties involved in the project.
An effective defense requires a clear account of the work performed, the contractual obligations and the evidence supporting the claimed loss. We develop the response around those facts and the client's business objectives.
Commercial real estate disputes
James also represents businesses in disputes over commercial property transactions, including purchase agreements and transactions that do not close as expected. These matters can involve cancellation rights, demands for injunctive relief and disagreements over the parties' contractual obligations.
His experience includes representing Chadco of Duluth in litigation and a published appeal arising from the proposed purchase of Spirit Valley Mall.
Outside general counsel for contractors & developers
James provides ongoing business counsel beyond individual disputes. He assists contractors and developers with project agreements, customer and subcontractor contracts, change orders, payment terms, business organization and owner relationships.
The purpose is to make obligations clear, address developing disagreements and help clients make informed decisions as their businesses and projects move forward.
Experience in published Minnesota litigation
Mechanic's lien issues in Lighthouse v. Oberg Family Farms
James worked on MJB Law's representation of American Federal Bank in Lighthouse Management Inc. v. Oberg Family Farms, 966 N.W.2d 29 (Minn. App. 2021). The published decision addressed service of mechanic's lien statements and the same-ownership exception to pre-lien notice, including disputed evidence about whether a property owner acted as general contractor. The court reversed and remanded the challenged rulings.
Read the Lighthouse case overview
Read the published Lighthouse opinion
Commercial real estate contracts in First & First v. Chadco
James served as trial counsel for Chadco of Duluth and represented Chadco in the published appeal in First & First, LLC v. Chadco of Duluth, LLC, 999 N.W.2d 553 (Minn. App. 2023). The dispute concerned the proposed purchase of Duluth's Spirit Valley Mall. The Minnesota Court of Appeals affirmed the denial of the purchaser's request for a temporary injunction to stop cancellation of the purchase agreement.
Working with James Magnuson
James's construction practice draws on his broader experience in commercial litigation, real estate disputes and business counsel. He works with clients to understand the project, assess the dispute and determine the next steps.
If you are seeking representation, have the relevant agreements, change orders, payment records and any notices or demands available for an initial discussion. Identify approaching deadlines when contacting the firm.
Discuss a construction matter
Contact James Magnuson about a mechanic's lien, construction dispute or ongoing counsel for your contracting or development business.
James Magnuson
james@mjblawmn.com
612-716-3099