Lessons from the Legal Trenches

This course, taught by an experienced construction attorney, covers common legal issues in the residential construction industry. Learn about licensing requirements set by the Minnesota Department of Labor and Industry (DLI), the Contractor Recovery Fund, business partnerships, the 327A warranty, mechanic's liens, employment law fundamentals, updates in construction law, and more.

Course Outline

• Intro/“Construction” attorney
• Business/real estate/contracts
• DLI Requirements
  • Who needs to be licensed
  • Requirements of licensed contractor (QB vs BC #)
  • Contractor Recovery Fund
• Partnership Issues
  • Written agreement
  • “Toothpaste”
  • Divorce
    • Valuation
    • Parenting Time
    • Scorched Earth
• 327A Misunderstandings/Misconceptions
  • 1/2/10
  • Dispute Resolution Process
  • Settlements/Waiver
• Common Mechanic’s Lien Issues
  • Last date of work
  • Equity and Priority
  • Foreclose it or lose it
  • Recovery of Attorneys’ Fees
• Employment Law Basics
  • IC v. Employee
  • Recordkeeping
  • Commission agreements
• 2023/2024 Law Changes
• Conclusion/Q&A             

Learner Objectives

• explain the licensing requirements set by the Minnesota Department of Labor and Industry (DLI)
• gain knowledge of the purpose and function of the Contractor Recovery Fund
• identify key legal considerations and obligations in forming and maintaining business partnerships within the construction industry
• be able to interpret the Minnesota 327A Warranty
• identify the laws surrounding mechanic’s liens
• grasp fundamental employment law concepts

Live Virtual Webinar Course Requirements

In order to receive continuing education credits for live webinar courses, students need to use a computer or smart phone/tablet with a camera and microphone and be visible during the entire course (Zoom Meetings is used). The student's full name must be displayed so the student can be identified. Only one student per computer/device. The student should be prepared to show their driver’s license or other legal identification with their photo if requested.

In order to earn CE credit(s) for live virtual webinar courses, students must attend the entire course during the time span(s) listed. Credit(s) will not be issued for the following:

• Non-attendance
• Arriving more than 5 minutes after a course has begun
• Leaving before completion of the course
• Leaving the classroom for more than 5 minutes during a course hour
• Non-payment of the course

A quiz is not required for those attending for Minnesota contractor, building official, and Realtor continuing education, or Wisconsin continuing education. Students attending for International Accreditors for Continuing Education and Training (IACET) CEU(s) must complete a quiz following the course and achieve 70% correct answers.

To test your audio/video set-up on the device you will be using for the Live Webinar, click this link on Zoom’s website to join a Test Meeting. Follow the prompts to verify you have the required capabilities - https://support.zoom.us/hc/en-us/articles/115002262083

Credit Info

This course is approved for one hour of MN residential contractor, remodeler, and roofer continuing education by the Minnesota Department of Labor & Industry, including the required business management credit. This course is approved for one hour of MN realtor continuing education by the Minnesota Department of Commerce.

If you are eligible to receive continuing education credits, your information will be electronically reported to the appropriate agency within 3 business days of course completion.

Questions and Comments

Questions and comments related to the curriculum for this course may be submitted to the instructor at education@housingfirstmn.org.