Real Estate Transactions Attorney in Minneapolis, Minnesota

Most Litigated Issues in Real Estate Law

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Well, it’s interesting. A few years ago, I would say, it was construction defect. For a long time, construction defect litigation – especially in the residential end, relating to mold and that sort of stuff – was really huge.

On the – since the Great Recession, it’s been much more payment issues. So, people are having cash flow issues, even still now, in the construction industry – on both the commercial and residential side. So, you see Mechanics Lien issues; you see people that are saying there’s a problem with construction, but it’s really a cash flow issue.

And so, more often than not now, I’ve found it’s payment issues: going after the payment bond; going after the Mechanics Lien; trying to figure out how you’re going to get paid. Not necessarily the work was bad. Sometimes, they say that, but it’s usually a cash flow issue. And that is definitely the most common issue, and a major change.

Minneapolis business attorney Stephen Yoch of Felhaber Larson discusses construction defects and payment issues as being hot litigation topics in real estate.

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