Moss & Barnett advises on both public and private construction projects, from design and planning to contract negotiation, preparation, bidding and review, construction, surety/bond issues, and insurance coverage and claims.

We counsel a full range of construction industry participants – including owners, architects, engineers, contractors, material suppliers, and subcontractors – on dispute avoidance and resolution as well as resolving issues with regulatory authorities, including OSHA and licensing boards.

Private Contract Negotiation

We help our clients understand and negotiate complex construction contracts, including issues regarding payment, insurance, indemnification, schedule, and claims.

Public Contract Procurement

Our lawyers counsel clients who are competitively bidding or responding to requests for proposals on public projects. We have successfully challenged public contract letting on competitively bid and “best value” procurements when the public authority did not follow the rules.

OSHA and Regulatory Citations

We defend clients facing citations from the U.S. Occupational Safety and Health Administration (OSHA), Minnesota OSHA, the U.S. Environmental Protection Agency (EPA), and state and local departments of health in addition to citations and fines levied by other government entities.

Construction Claims

We advise clients on properly documenting, defending, and making claims for delay, disruption, and extras.

Construction Defects

Our lawyers represent owners, design professionals, contractors, and subcontractors on construction defect claims, including both residential and commercial construction.

Mechanic’s Liens and Payment Bond Claims

We help ensure that our clients will be paid for their work by filing and prosecuting mechanic’s lien and payment bond claims. We also protect our owner clients from being forced to pay twice when a contractor or subcontractor defaults.

Experience

Experience

  • Interstate 35W bridge collapse litigation. Represented the Minnesota Department of Transportation, in association with the Minnesota Attorney General’s Office, in litigation arising from the I-35W bridge collapse. We assisted in defending the state in the bridge collapse litigation as well as prosecuting the state’s claims for reimbursement of amounts paid to settle claims.
  • $10 million mechanic’s lien and bankruptcy litigation. Represented multiple clients who had not been paid an amount in excess of $10 million with regard to an iron ore processing plant in northern Minnesota in both mechanic’s lien litigation and in the bankruptcy.
  • Public contract bid protests. Represented clients in numerous bid protests in Minnesota, North Dakota, and Wisconsin, including the largest successful bid protest in Minnesota history related to a light rail project. Our construction litigation team also recently convinced Hennepin County to withdraw an $18 million award on a “best value” procurement based solely on our bid protest letter.
  • Construction defect claims. Handled numerous construction defect claims, including obtaining an $800,000 jury verdict for construction defects on a large Lake Minnetonka home.
  • Defending against OSHA citations. Advised contractors and subcontractors in Minnesota, North Dakota, and elsewhere in defending against state and federal OSHA citations, including fatality and serious injury cases. We have obtained outright dismissal of OSHA citations in many cases.
  • Multimillion-dollar claims in skyscraper office project. Represented an LLC in both bringing and defending multimillion-dollar claims arising from a skyscraper office project in Milwaukee, Wisconsin.
  • Government relations and lobbying. Represented the Minnesota Subcontractors Association (MSA) in lobbying the Minnesota Legislature to pass important legislation for the construction industry, including the “Contractor’s Bill of Rights” and amendments to the Minnesota Anti-Indemnity Act.
  • Long-time representation of nonprofit organization. Representing one of the nation’s leading nonprofit organizations in numerous construction projects, including contract negotiation and dispute resolution.
  • Long-time representation of foundation. Represented a medical charitable, not-for-profit corporation on construction defect claims.

Attorneys

Professionals

News & Insights

Events

  • Changes to Construction Contracts
    Minnesota Mechanical Contractors Association, 10590 Wayzata Boulevard Suite 100, Minneapolis, MN, 04.11.2019
  • ABC 2019 Safety & Construction Conference, 03.13.2019
  • St. Cloud River's Edge Convention Center 10 4th Ave South, St. Cloud, MN 56301, 03.01.2019
  • Bilfinger Westcon, Inc., 7401 Yukon Drive, Bismarck, ND 58502, 02.19.2019
  • Handling OSHA Inspections in 2019
    Mystic Lake Center, 2400 Mystic Lake Blvd NW, Prior Lake, MN, 02.12.2019
  • Minneapolis Marriott Northwest, 7025 Northland Drive North, Brooklyn Park, MN 55428, 02.07.2019
  • Golden Valley Country Club, 7001 Golden Valley Road, Golden Valley, MN 55427, 01.31.2019
  • Minnesota Mechanical Contractors Association, 10590 Wayzata Boulevard Suite 100, Minneapolis, MN, 01.22.2019
  • How to Get Paid
    Associated Builders and Contractors of MN/ND Breakfast & Learn, Holiday Inn of Fargo, 3803 13th Avenue South, Fargo, ND, 01.15.2019
  • 5th Annual ABC & CFMA Construction Management Regional Conference, DoubleTree by Hilton, 825 East Beaton Drive, West Fargo, ND 58078, 11.13.2018
  • Associated General Contractors of Minnesota Safety & Health Committee Meeting, 525 Park Street, #110, St. Paul, MN 55103, 05.10.2018
  • Associated Builders & Contractors Lunch 'n' Learn, Comfort Inn & Suites-Mandan, 1516 27th St NW, Mandan, ND 58554., 04.18.2018
  • Associated Builders and Contractors, Inc.'s 2018 Safety & Construction Conference, St. Cloud River's Edge Convention Center, 10 Fourth Avenue South, St. Cloud, MN 56301, 03.02.2018
  • Associated Builders and Contractors, Inc.'s 2018 Safety & Construction Conference, St. Cloud River's Edge Convention Center, 10 Fourth Avenue South, St. Cloud, MN 56301, 03.02.2018
  • "How to Get Paid” Mechanic’s lien and payment bond rights for contractors/subcontractors
    Dakota Chapter of Construction Financial Management Association (CFMA), Doubletree, 825 East Beaton Drive, West Fargo, ND, 02.27.2018
  • Golden Valley Country Club 7001 Golden Valley Road Golden Valley, MN 55427, 02.06.2018
  • 2018 Minnesota Construction Summit, Minneapolis Convention Center, Minneapolis, MN, 01.09.2018
  • Minnesota Subcontractors Association, Midland Hills Country Club, 2001 Fulham Street, Roseville, MN, 01.09.2018
  • OSHA Is On-Site: Now What
    Twin City Roofing Contractors Association and SMARCA, Radisson Hotel Minneapolis/St. Paul North, 2540 Cleveland Avenue, Roseville, MN 55113, 10.04.2017
  • Marsh and McLennan Agency 7225 Northland Drive North, Suite 300 Brooklyn Park, MN 55428, 05.10.2017
  • How to Handle OSHA Investigations
    Lametti & Sons, Inc. Annual Safety Day, 04.28.2017
  • Minnesota Subcontractors Association, Midland Hills Country Club, 2001 Fulham Street, Roseville, MN, 04.11.2017
  • Midland Hills Country Club, 2001 Fulham Street, Roseville, MN, 03.14.2017
  • Minnesota Plumbing-Heating-Cooling Contractors Association 121st Annual Convention & Vendor Show, Minneapolis Marriott Northwest, Brooklyn Park, MN, 02.09.2017
  • Cambria Hotel & Suites, 825 East Beaton Drive, West Fargo, ND 58078, 11.17.2016
  • Real Estate & Construction Contractors Summit, "Building Relationships Not Just Projects," Golden Valley Country Club, 701 Golden Valley Road, Golden Valley, MN 55427, 09.23.2016
  • 9th Annual MNCPA Construction Conference, Crowne Plaza Minneapolis West, 3131 Campus Drive, Plymouth, MN 55441, 09.19.2016
  • 9th Annual MNCPA Construction Conference, Crowne Plaza Minneapolis West, 3131 Campus Drive, Plymouth, MN 55441, 09.19.2016
  • 9th Annual MNCPA Construction Conference, Crowne Plaza Minneapolis West, 3131 Campus Drive, Plymouth, MN 55441, 09.19.2016
  • Training Your Employees to Handle an OSHA Inspection
    Presentation to 40+ representatives of general contractors, North Dakota State College of Science campus location, Fargo, ND. Contact Aaron to learn more., 05.27.2016
  • Ask the Attorney: What to Do When My Contract Says What?
    Presentation to subcontractor trade association and its members, Grumpy's Bar & Grill, Roseville, MN. Contact Aaron to learn more., 05.19.2016
  • 2016 Appellate Practice Institute, 600 Nicollet Mall, Suite 370, Third Floor City, Center, Minneapolis, MN 55402, 03.18.2016
  • Retainage Reform During the 2016 Legislative Session
    Sponsored by the Minnesota Subcontractors Association, St. Paul, MN, 02.16.2016
  • American Society of Safety Engineers Northwest Chapter, 2016 Annual Professional Development Conference, The Commons Hotel, 615 Washington Avenue SE, Minneapolis, MN, 02.09.2016
  • Responsible Contractor Act
    Sponsored by Minnesota Contractor Trade Organization, Las Vegas, NV, 02.06.2016
  • How to Get Paid Early and in Full
    Sponsored by Minnesota Contractor Trade Organization, Las Vegas, NV, 02.05.2016
  • What to Do When the Contract Documents You Receive Post-Bid Are Different than Your Bid
    Sponsored by Minnesota Contractor Trade Organization, Las Vegas, NV, 02.05.2016
  • Sponsored by AGC, MMCA, NECA, and other contractor trade groups, Roseville Radisson, 2540 North Cleveland Avenue, Roseville, MN 55112, 01.26.2016
  • Understanding Minnesota Construction Law
    Minnesota Subcontractors Association, 11.10.2015
  • Protecting Your Company's Safety Record
    American Society of Safety Engineers, Northwest Chapter, Roseville, MN, 10.13.2015
  • How to Get Paid
    Sponsored by national contractor trade group, Moorhead, MN. Contact Aaron to learn more., 10.12.2015
  • Associated General Contractors Supervisory Training Program (Fall 2015), 10.01.2015
  • Real Estate & Construction Contractors Summit
    Sponsored by the Minnesota Real Estate Journal in conjunction with The Associated General Contractors of America (AGC) and the Minnesota Subcontractors Association (MSA), Golden Valley Country Club, 7001 Golden Valley Road, Golden Valley, MN, 09.25.2015
  • Minnesota's New Responsible Contractor Statute
    Sponsored by national contractor/accounting trade association, Moorhead, MN. Contact Aaron to learn more., 03.17.2015
  • Sponsored by Minnesota Subcontractors Association, Midland Hills Country Club, 2001 Fulham Street, Roseville, MN, 03.10.2015
  • Training Your Employees to Handle OSHA Inspections
    Sponsored by national contractor trade association, St. Cloud, MN. Contact Aaron to learn more., 02.27.2015
  • Marsh & McLennan Agency, 7225 Northland Drive, Minneapolis, MN 55428, 02.19.2015
  • Seminar sponsored by multiple trade associations, Radisson Roseville Hotel, Roseville, MN. Contact Aaron to learn more., 02.12.2015
  • Sponsored by Minnesota Subcontractors Association, Midland Hills Country Club, 2001 Fulham Street, Roseville, MN, 02.10.2015
  • Minnesota's New (2013) Indemnity Statute and Its Future
    Associated Builders & Contractors of ND & MN, Fargo, ND, 02.04.2015
  • Sponsored by multiple trade associations, Radisson Roseville Hotel, Roseville, MN, 01.29.2015
  • Troublesome Contract Clauses
    Seminar sponsored by national surety broker and CliftonLarsonAllen LLP, 01.20.2015
  • Minnesota's New "Responsible Contractor" Act
    Seminar sponsored by national surety broker and CliftonLarsonAllen LLP, 01.20.2015
  • How to Handle OSHA Inspections
    Sponsored by the AGC of North Dakota at its Annual Meeting, Minot, ND, 12.09.2014
  • Minnesota's New Indemnity Statute and Its Future
    Minnesota Subcontractors Association, Roseville, MN, 09.09.2014
  • Ch-Ch-Ch-Changes in Retainage
    Minnesota Subcontractors Association, Roseville, MN, 09.09.2014
  • Subcontractors' Perspective: The Value of Collaborating with General Contractors and Developers
    Minnesota Real Estate Journal Real Estate and Construction Contractors Summit, Golden Valley Country Club, Golden Valley, MN, 09.05.2014
  • Training Your Employees to be Ready for OSHA Inspections and Defending OSHA Citations
    Northern Region Association of Safety Professionals, Fargo, ND, 03.19.2014
  • Contract Documents and Construction Law
    Supervisory training program for the Associated General Contractors of Minnesota, St. Paul, MN (multiple dates in March and April 2014 for weekly course), 03.01.2014
  • What to Do When OSHA Shows Up On Your Job Site
    Contractor Safety Day, St. Cloud, MN, 02.28.2014
  • How to Get Paid for Your Company's Work
    Seminar sponsored by Regional Council of Union Contractors from six Midwestern states, Roseville, MN, 02.05.2014

Publications

Multimedia

Learn More About Our Construction Law Practice

While we primarily represent large and small contractors, suppliers, and subcontractors, we also represent private owners and design professionals, which gives us a broad perspective on the construction industry. We serve construction law clients throughout Minnesota, Wisconsin, North Dakota, South Dakota, and Iowa.

General Contractors. We represent large and small general contractors with respect to both commercial and residential construction. Our clients include vertical (building) and horizontal (bridges and roads) contractors who perform both public and private construction. We advise on contract negotiation, claim prosecution and defense, and payment disputes.

Subcontractors. We represent subcontractors from all trades and of all sizes in contract negotiations, insurance coverage issues, claim prosecution, and payment disputes.

Suppliers. Material suppliers have unique needs and problems. We advise suppliers on how to protect their payment rights and address their unique insurance and liability issues.

Owners. We advise owners of all sizes – from families looking to construct their dream home to large, institutional property owners and developers across a full range of industries. We provide counsel regarding contract provisions, payment procedures, quality assurance, and schedule and defect claims to assure they get everything for which they paid. We do not represent public owners.

Design Professionals. We understand the unique role the design professional plays in a construction project, whether it is a traditional design-bid-build or a design-build project. We counsel design professionals regarding the unique and demanding contract requirements they encounter in contracts with owners and design-builders. We represent them in negotiating contract requirements and, when necessary, defend claims made against them.

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