Greenstein Sellers, PLLCGreenstein Sellers, PLLC2026-09-04T09:23:36Zhttps://www.greensteinsellers.com/feed/atom/WordPress/wp-content/uploads/sites/1303349/2023/03/site-icon-75x75.pngOn Behalf of Greenstein Sellers, PLLC<![CDATA[What to do when your contractor’s work fails inspection]]>https://www.greensteinsellers.com/?p=505692026-09-01T09:24:17Z2026-09-04T09:23:36ZCan you require the contractor to fix the work?
Under Minnesota's contractor licensing requirements, licensed contractors must perform work that complies with the State Building Code. Whether a contractor is contractually obligated to correct work that fails inspection depends on the specific terms of your agreement. Reviewing your specific contract is the best way to understand what obligations apply.
Building inspectors issue correction notices detailing specific violations. These notices create a clear record of what the contractor must address. After completing the required corrections, the contractor typically must request a reinspection to confirm compliance.
What happens if the contractor refuses to make repairs?
Depending on your contract terms and the stage of the project, you may have grounds to withhold payment for work that fails inspection or remains uncorrected. However, withholding payment without proper legal basis can expose you to counterclaims, so reviewing your contract and consulting an attorney before taking that step is advisable.
Minnesota's Contractor Recovery Fund may provide some relief if a licensed residential contractor fails to complete or correct work and a homeowner cannot collect on a court judgment against them. The fund has specific eligibility requirements, including obtaining a judgment first, and caps on the amount recoverable. Not every situation qualifies.
Your options when a contractor won't make corrections
If the contractor refuses to make corrections and informal resolution fails, you may have options that include mediation, arbitration or formal litigation, depending on what the contract requires and the nature of the dispute. Speaking with a qualified attorney can help clarify your rights, evaluate your contract terms and determine the most effective path toward resolution.]]>On Behalf of Greenstein Sellers, PLLC<![CDATA[Latent and patent ambiguity in business contracts]]>https://www.greensteinsellers.com/?p=505672026-08-21T05:51:53Z2026-08-26T05:50:41ZAlmost all day-to-day operations in a company are governed by contracts. These include partnership, shareholder, employment, independent contractor and supplier/vendor agreements. About half of business disputes stem from vague or ambiguous terms in these contracts.
When parties entering a contract interpret a term differently, the chances of misunderstandings can be high. Ambiguity in business contracts falls under two main categories, which are:
Patent ambiguity
Obvious errors or contradictions in a contract are considered patent ambiguity. These inconsistencies are within the contract’s text. Anyone reading the document can identify them.For example, a supplier agreement says the vendor should supply “500 units,” but somewhere else within the contract, it says “5,000 units,” or when a contract requires delivery "within 30 days,” but within the same contract, the delivery deadline for the same goods is stated as “within 45 days.”
Latent ambiguity
Latent ambiguity is hidden - it’s not on the face of the document. The language in a contract may appear clear, but its ambiguity becomes apparent when applying the terms to real-world circumstances. The involved parties may notice that the contract language allows multiple interpretations.Examples of vague language that can result in multiple interpretations include best efforts, high quality, promptly, as soon as possible and reasonable efforts. If a business states a vendor should supply “high-quality raw materials,” misunderstandings can occur, as the vendor may interpret it as “industry standards” or “functional,” whereas the business means “defect-free” or “premium.” A contract should define acceptable quality levels or material specifications to avoid such ambiguity.Other examples of patent ambiguity are when a contract states "deliveries to be made to the warehouse" when a business has multiple warehouses or when a contract specifies payment in "dollars" when involved parties operate in the U.S. and Canada.Both patent and latent ambiguity can negatively impact a business. Learn more to draft clear contracts and handle disputes efficiently. ]]>On Behalf of Greenstein Sellers, PLLC<![CDATA[How survey errors affect Minnesota property ownership]]>https://www.greensteinsellers.com/?p=505632026-08-18T06:58:43Z2026-08-21T06:58:05ZBuying property is a major investment. Most buyers expect the property lines shown in a survey to match what they own. When a survey contains an error, it can create confusion about boundaries, access or ownership. Understanding these issues can help property owners avoid unexpected problems.
What is a survey error?
A property survey shows the location of boundary lines, buildings, easements and other features on a piece of land. Survey errors can happen for several reasons. Older records may be inaccurate, measurements may be incorrect or legal descriptions may not match current property records. In some cases, improvements made over the years may not appear on an older survey.These differences can affect both property owners and buyers. It helps to know what problems may follow.
How survey errors can affect ownership
Survey mistakes may lead to several concerns, including:
Boundary disputes with neighboring property owners
Buildings, fences or driveways that cross a property line
Delays during a real estate sale or refinancing
Questions about easements or access rights
Problems with title insurance or property records
Under Minnesota law, property records and other evidence may help determine the correct boundary or ownership rights when a dispute arises. Knowing the possible effects of a survey error makes it easier to respond quickly.
What property owners can do
If a survey appears incorrect, compare it with the property's legal description and any earlier surveys. A new survey may help confirm whether the original contains a mistake. Property owners should also review county records to see whether they match the survey.If a disagreement continues, Minnesota law provides legal procedures that courts may use to resolve questions about property boundaries or ownership. Taking action early may prevent a small issue from becoming a larger dispute.A survey does more than mark property lines. It helps confirm what a buyer owns and how the land may be used. Reviewing survey information carefully and addressing possible errors early can help protect property rights and support smoother real estate transactions.]]>On Behalf of Greenstein Sellers, PLLC<![CDATA[Minimizing a risk of serious contract disputes]]>https://www.greensteinsellers.com/?p=505162026-08-13T11:17:25Z2026-08-20T11:14:31Zpurposes of a contract is to minimize the risk of disputes. A well-drafted contract will reduce uncertainty before the project begins. Clear language makes it easier for both sides to understand their duties and prevent disagreements.
Precise and measurable terms
Vague wording can lead to different interpretations. Because of this, you should avoid terms like “prompt,” “as needed” and “reasonable” when drafting contracts for your company, because they can’t be reliably measured to ensure compliance with other contract terms.
Contracts should include firm deadlines, payment schedules and delivery requirements. Notice procedures and how disputes will be handled is also important. Other common dispute risks that should be actively mitigated include defective work, delays outside of either party’s control, late payments and confidentiality breaches.
Dispute resolution methods
While many contracts conclude without any issues, there’s always a chance that a dispute will occur. Having clear dispute resolution methods can prevent matters from becoming more serious. This might include requiring alternative dispute resolution methods that could prevent a matter from having to move to a court battle.
One of the most important ways that a company can protect itself is through solid contracts. These contracts must be created specifically for each situation or project, so you shouldn’t count on a one-size-fits-all template. Working with someone familiar with these matters could be helpful so they can assist with determining the most appropriate action for your company.]]>On Behalf of Greenstein Sellers, PLLC<![CDATA[How survey discrepancies can delay property transactions]]>https://www.greensteinsellers.com/?p=505492026-08-17T08:20:57Z2026-08-20T08:20:19ZWhat is a survey discrepancy?
A property survey shows the location of boundary lines, buildings, fences and other improvements on a parcel of land. A survey discrepancy happens when the information does not match the property's legal records or what the parties believed to be true.
For example, a survey may show that a fence extends onto a neighboring property or that a driveway crosses a property line. It may also reveal that the legal description in the deed differs from the property's actual boundaries. Minnesota law requires a valid written conveyance to transfer real property. Identifying these issues early gives everyone a better understanding of what needs attention.
Why can a survey delay closing?
Parties often need to resolve a survey discrepancy before a transaction can move forward. Buyers, sellers and lenders may want clear property records before completing the sale.
Common reasons for delays include:
Reviewing previous surveys and recorded documents to confirm property boundaries.
Correcting errors in legal descriptions or other recorded records.
Resolving disagreements about boundary lines or property access.
Updating closing documents after the parties discover new survey information.
Minnesota's recording law, including Minn. Stat. § 507.34, helps determine the priority of recorded interests in real property. Accurate records can reduce confusion during a transaction. Once the parties understand the issue, they can work toward a solution.
Preparing before closing
Reviewing survey documents early can help identify concerns before the closing date. Buyers should compare the survey with the property's visible features and legal description. Sellers can help by providing existing surveys and sharing any known boundary concerns. Taking these steps early may reduce unnecessary delays later in the process.
Property transactions often involve more than signing paperwork. Small differences between a survey and property records can affect the timeline, even when everyone intends to complete the sale. Buyers and sellers who plan for them in advance are better positioned to keep the transaction on schedule, as these issues often surface late in the process.]]>On Behalf of Greenstein Sellers, PLLC<![CDATA[What is a foreign qualification of an existing business?]]>https://www.greensteinsellers.com/?p=505412026-08-17T08:20:49Z2026-08-20T08:20:18ZMany business owners assume that forming a company in one state automatically allows them to operate anywhere in the country. In reality, businesses that expand beyond their home state often need to complete a process known as foreign qualification. Despite the name of this process, foreign qualification does not involve international business operations. Instead, it refers to obtaining authorization for a business formed in one state to legally conduct business in another state.For example, a company organized in Minnesota may decide to open an office in Wisconsin, hire employees in North Dakota or establish a physical location in Iowa. In many situations, that business will need to register with the appropriate state agency before conducting business there. The company at issue remains a Minnesota business entity, but it becomes authorized to operate as a "foreign" entity in the additional state.
Getting started
The exact requirements for this process vary by jurisdiction, but foreign qualification typically involves filing an application, paying filing fees and maintaining a registered agent in the state where a company seeks new authorization. Businesses may also need to provide certificates of good standing or other documentation from their home state.Generally, maintaining an office, owning property, employing workers or regularly conducting business transactions within a new state may trigger registration requirements. Simply having customers in another state does not always require foreign qualification, but it can.Failing to obtain required authorization before conducting business in another state can inspire problems. A business that should have registered may face penalties, interest, back fees or restrictions on its ability to bring lawsuits in that state's courts until compliance issues are resolved. In some cases, contracts and business operations may become more complicated because of registration failures.Foreign qualification is often an important step when a company is growing. Minnesota business owners considering expansion should evaluate their registration obligations early in the process. Proper planning can help avoid costly compliance issues and allow a company to focus on growth without running into barriers unnecessarily along the way. ]]>On Behalf of Greenstein Sellers, PLLC<![CDATA[How a new Minnesota law will help subcontractors get paid on time]]>https://www.greensteinsellers.com/?p=505152026-08-13T11:17:21Z2026-08-19T11:14:30ZThis month, Gov. Tim Walz signed legislation known as the Minnesota Payment Transparency Act after it passed unanimously in both houses of the Minnesota legislature.
The law is intended to help subcontractors on public construction projects ensure that they are paid as soon as possible after the general contractor is paid.
What does the law require?
Under the new law, public contracting agencies are required to share details about their payments to general contractors with subcontractors who request them. This must be done within seven calendar days of the request. Specifically, they must provide the following information:
The payment amount
The date of the payment or approval for it
A copy of the payment application from the general contractor (except for highway construction projects, where the requirement is somewhat different)
Generally, construction contracts state that general contractors have to pay their subcontractors by a specified time after they’ve been paid themselves, according to the Prompt Payment Act.
Helping subcontractors manage their cash flow
A Minnesota Subcontractors Association lobbyist says the new law is important “because subcontractors routinely wait months — sometimes more than a year — to be paid in full, after they’ve bought the materials, paid their employees, and completed the work. Knowing when the owner has allocated funds will help subcontractors plan their cash flow, invoke the Prompt Payment Act to recover late payments, and improve communication on public work.”The representative who sponsored the legislation in the Minnesota House noted that “this bill helps the painter, the electrician, the concrete subcontractor, small Minnesota businesses that have already done the work and are carrying the payroll while they wait. They deserve to know when they’ll be paid.”One drywall business owner testified during hearings on the legislation that her company did some $30,000 in work on a fire station and still hadn’t been paid nearly a year later, noting that “something must give if we want small businesses to succeed.”It’s crucial for subcontractors and general contractors to understand the Minnesota Payment Transparency Act and for subcontractors to assert their rights under the law. They may want to include some language around it in their contracts for more clarity. As always, having experienced legal guidance in creating, reviewing, negotiating and enforcing contracts can help the relationship proceed more smoothly.]]>On Behalf of Greenstein Sellers, PLLC<![CDATA[The risk of offering build-to-suit leases]]>https://www.greensteinsellers.com/?p=505172026-08-14T11:12:47Z2026-08-19T11:12:29ZWhat is the unspoken risk of a build-to-suit lease?
Build-to-suit leases are often longer leases than the average commercial lease. They may require a 10- or 15-year commitment. There may be an expectation that the tenant will renew their lease after the initial term ends. However, there is no guarantee that the tenant will continue to lease the space after the end of the initial lease.
While the business may recoup most developing costs over the term of the initial lease agreement, if the tenant leaves after the lease expires, the landlord may then have a commercial space that is unattractive to new tenants. There may only be a handful of businesses that can use the space as it stands, and the landlord may have to incur costs to renovate the space to make it attractive to new tenants.
Working with a real estate attorney when preparing to offer build-to-suit leases can help developers and commercial landlords limit their long-term financial exposure. Careful market assessment can also help reduce the risk inherent in a build-to-suit lease scenario.]]>On Behalf of Greenstein Sellers, PLLC<![CDATA[Avoid these business formation and planning mistakes]]>https://www.greensteinsellers.com/?p=505062026-08-13T11:15:17Z2026-08-18T11:14:26ZStarting a business can be one of the most exciting steps you take since turning an idea into a real venture brings opportunity, growth and independence.
However, many new business owners face avoidable challenges early on and understanding common mistakes in formation and planning can help you build a stronger and more sustainable foundation.
1. Failing to plan effectively
One of the most common mistakes is jumping into a business without a clear plan. A strong business plan outlines your target market, competitors and financial expectations. Without proper planning, it becomes difficult to measure progress or adapt to challenges. Taking time to research and prepare helps reduce risk and improve decision-making.
2. Underestimating financial needs
Many new businesses struggle because they do not have enough funds to operate in the early stages, and it often takes time before a business becomes profitable. You should consider startup costs, operating expenses and unexpected needs when starting a business. Having a financial cushion can help your business stay stable during slow periods.
3. Choosing the wrong business structure
Selecting the right structure is essential for managing risk and handling taxes because different structures offer varying levels of protection and flexibility. A poor choice can expose personal assets or create unnecessary complications, and by understanding how each structure works, you are able to choose the one that supports your goals.
4. Ignoring market trends and data
Businesses that fail to track market changes often fall behind competitors because customer needs and preferences can shift quickly. Using data and analytics helps you understand what is working and what needs adjustment.
5. Trying to handle everything alone
Many entrepreneurs try to manage every aspect of their business without support. While dedication is important, it can lead to burnout and missed opportunities.Building a team or seeking professional advice can improve efficiency and decision-making.
Final thoughts
Avoiding common business formation mistakes can save time, money and reduce stress. Also, careful planning, proper structure and ongoing learning are key to long-term success.Every business journey comes with challenges, but preparation makes a significant difference. Seeking professional and reliable legal guidance when needed can help you make informed decisions and protect your business as it grows.]]>On Behalf of Greenstein Sellers, PLLC<![CDATA[Attorney Tony Gabor Joins Greenstein Sellers]]>https://www.greensteinsellers.com/?p=505482026-07-22T13:00:03Z2026-07-22T13:00:03Z
Appeals
Business torts
Real estate law
Insurance disputes
Breach of contract
Shareholder disputes
Employment discrimination
Construction defects
With his skill in explaining detailed legal issues and the course of the litigation journey, he helps smooth the path forward for his clients. As a litigation lawyer, he always prepares his cases for trial from the beginning to ensure he has the strongest argument possible.
Tony received his Juris Doctorate from the John Marshall Law School in Chicago, Illinois. He has been named as a Super Lawyers Rising Star. He is admitted to practice law in Minnesota, including the U.S. District Court of Minnesota, and works out of our Minneapolis law office.
Please join us in welcoming attorney Tony Gabor to the firm.]]>