By Joel A. Hilgendorf, Esq.

Recently there have been some significant changes to the Landlord/Tenant statute that was enacted at the end of May. As a courtesy to our clients and friends of the firm, we wanted to be sure you knew about these. Below are some of the highlights.

By John T. Trout

Persons involved in the construction industry or with real estate in Minnesota should take note of the following legislative changes to the law, which take effect August 1, 2009.

Statutory Implied Warranties Have Become Mandatory Expressed Warranties. The statutory warranties for new construction and remodeling stated in Minnesota Statutes Chapter 327A ("Statutory Warranties") must now be included in all contracts for the construction of new homes or home improvements

Joel A. Hilgendorf, Esq.

Most readers of this article are well aware the emerald ash borer has arrived in Minnesota, and poised to potentially devastate nearly a billion trees within the State. Seemingly overnight, trees have sprouted in our newspaper stories, television news features, and have become a concern for many property owners. Trees provide countless intangible benefits to us. The cost of removing a damaged or diseased tree can range from a few hundred dollars for a small on

Hellmuth & Johnson, PLLC is pleased to announce that firm partner Lee R. Bissonette has been certified as a member of the Multi-Million Dollar Advocates Forum.

Lee is presently a Life Member of the Million Dollar Advocates Forum, one of the most prestigious groups of trial lawyers in the United States. Membership in the Million Dollar Advocates Forum is limited to attorneys who have won million and multi-million dollar verdicts, awards and settlements.

Less than 1% of U.S. lawyers a

It is an increasingly common circumstance for two or more unmarried persons to own real property together, either by choice or circumstance. The type of real property - standard residential, investment or recreational – is as wide ranging as the relationships between owners, who may be a parent and child, a group of siblings, two or more friends or investors, or an unmarried couple.

Unless the parties agree from the onset, disputes can arise over issues regarding acquiring, maintaining

In Parkos Construction v. Anchor Distribution, the Minnesota Court of Appeals reversed the dismissal of a misrepresentation claim against Anchor Distribution, when Anchor allegedly recommended the use of staples instead of nails in a roofing project.

In the winter of 1999, Parkos Construction was hired by the Kraus-Anderson Construction Company to install cedar shingles on the roof of the White Bear Yacht Club. The specifications for the project called for six-penny galvanized nails.

Protecting Your Rights: The Most Important Issues Facing Homeowners

Claims by Minnesota homeowners against builders can generally be divided into two main types. They are New Home Warranty Claims, described in Minnesota Statutes Section 327A.02, et seq., and non-warranty claims, such as Negligence or Breach of Contract. Individuals faced with construction defects in their homes, whether related to water intrusion or other damage, must be aware of strict time limitations that apply to all cl

In Hanson v. Bieloh, No. A06-1619, 2007 WL 1893315 (Minn. Ct. App. July 3, 2007), the Minnesota Court of Appeals affirmed the District Court's dismissal of a rider's lawsuit for personal injuries sustained after falling from a horse owned by the Defendants. Basing its decision on the "exculpatory language" contained in the Defendants' "Horse Rental Agreement and Liability Release," and the Court's holding in Beehner v. Cragun Corp., 636 N.W.2d 821 (Minn. Ct. App. 2001) rev. denied (Minn. Feb. 2

Two recent cases from the Minnesota Court of Appeals clarified how notice must be provided to the builder before a homeowner can pursue a statutory warranty claim for defective construction. As background, the statute involved requires a homeowner to provide notice to the builder within six months of the date of discovery of defective work.

First, the Court of Appeals ruled that service of a detailed summons and complaint (which included a detailed inspection report) complied with the 6-month wr

In a recent unpublished decision, the Minnesota Court of Appeals upheld a mechanic's lien judgment, including the award of attorney's fees in excess of the lien amount.

The lien award was for $14,020.17, plus costs and disbursements. The Court awarded $23,241.50 in attorney's fees. In upholding the award of attorney's fees, the Court affirmed that attorney's fees are not excessive merely because they may exceed the lien amounts, and that limiting fees in such a manner would discourage small