March/April 2016 (Issue 8)
News and analysis for construction professionals, including architects, engineers, product manufacturers, owners, contractors, insurers and sureties.


 

Lien Filing Services' Unauthorized Practice of Law
Man and woman are exchanging contract or document

A Hennepin County district court ruling late last year has potentially made it more difficult for construction professionals to perfect mechanic's liens in Minnesota. At least it added an additional hurdle for potential lien claimants utilizing non-attorneys to draft their lien statements.

On December 30, 2015, Hennepin County District Court Judge Karen Janisch agreed with plaintiff owner that a lien filing service in Minnesota practiced law without authority by drafting mechanic's lien statements on behalf of its customers. By her order, Judge Janisch issued a permanent injunction to prevent the lien filing service from completing mechanic's lien statements for its customers. That ruling effectively prevented the lien filing service from preparing lien statements in the future, and the company folded that aspect of its business.

Not to be stymied by the effect of the Judge Janisch's ruling, Meagher & Geer is working with another lien filing service's customers to cooperate in the process by drafting mechanic's lien statements for the service's customers, which the lien filing service then serves and records. The ruling has not affected the timely and cost effective recording of mechanic's lien statements for construction professionals utilizing this lien filing service. More importantly, Meagher & Geer has demonstrated its willingness and commitment to work with, not against, construction professionals in Minnesota, including contractors, subcontractors, material suppliers, and design professionals by facilitating their choice of services to perfect lien rights and maintain collection options in the event they are not timely paid.

Karl Yeager, the head of Meagher & Geer's Real Estate Practice Group with 30 years of legal experience and 15 years of hands-on experience in the construction industry, recently won a significant mechanic's lien foreclosure lawsuit in Renville County. In granting foreclosure of the lien against a former ethanol production facility, Judge Randall Slieter found that improvements off-site sufficiently benefitted the project site to warrant foreclosure of the lien and he also awarded recovery of the client's attorneys' fees and interest. Mr. Yeager is happy to answer any questions you may have about mechanic's liens and/or bond claims, as well as any other real estate or general business questions.

 

Upcoming Events
Building a Claims Process Construction seminar
Thursday, March 17, 2016
7:30-9 AM 

Marsh & McLennan Agency is hosting a free seminar developed just for contractors about how to build a claims process that can help reduce your costs.

Most factors that affect claims costs are controllable by creating a strong, proactive claims process. Preparing for a work-related injury and having an appropriate claims management plan can help you reduce risks to your organization.

A claims consultant will be discussing what drives the cost of your organization's claims and how to develop and implement specific policies and procedures to mitigate your workers' compensation medical and lost time costs.

To learn more or to register for this event, please visit the Marsh & McLennan Agency website.

3rd Annual Hope Walks and Rolls 5K event benefiting Faith's Lodge
Saturday, May 21, 2016
8:00 - 11 AM
Meagher & Geer and Elizabeth Poeschl are pleased to sponsor the 3rd Annual Hope Walks and Rolls 5K event benefiting Faith's Lodge. Please join us on Saturday, May 21, 2016, from 8:00 - 11:30 a.m. at Freedom Field in Maple Grove. Bring your family and invite your friends.

Faith's Lodge supports parents and families coping with the loss or medically complex condition of a child in a peaceful environment to reflect on the past, renew strength for the present, and build hope for the future.

To learn more or to register for this event, please visit the Faith's Lodge website.

 

Established in Minneapolis in 1929, Meagher & Geer has earned a reputation as one of the leading litigation defense and insurance coverage firms in the Upper Midwest. We offer 80 lawyers in 20 practice areas. From our offices in Minneapolis, Minnesota, Bismarck, ND, and Phoenix, Arizona we represent businesses of all sizes, public entities, non-profit organizations, and individuals. 

 
Our nationally recognized trial lawyers have taken more than 125 cases to verdict since 2007.  During the same period, our appellate lawyers have handled more than 120 appeals in state and federal courts. At last count we represented more than 125 of the leading insurance companies in the U.S., and we also handle work for insurers based in London, Canada and Bermuda.
 

Our attorneys are licensed in many states, including Arizona, California, Georgia, Iowa, Illinois, Minnesota, Missouri, Montana, Nebraska, New Jersey, New York, North Dakota, South Dakota, Texas, Utah, Virginia, and Wisconsin.

Elizabeth S. Poeschl

612.337.9655

[email protected]

 

View my profile on LinkedIn  

In this issue
Lien Filing Services
Upcoming Events

NEWSLETTER ARCHIVE

 

Jan/Feb 2015

 

Mar/Apr 2015

 

May/June 2015

 

July/Aug 2015

 

Sept/Oct 2015

 

Nov/Dec 2015

Jan/Feb 2016 

CONSTRUCTION PROGRAMS/EVENTS

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Disclaimer: This communication is published as an information service for clients and friends of the firm, and is made available with the understanding that it does not constitute the rendering of legal advice or other professional service. Some jurisdictions require that we label this material "Attorney Advertising." Any discussion of prior results does not guarantee a similar outcome.

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