Meet Paul Grinde on Bench & Bar MN

Bench & Bar of Minnesota talks with Paul Grinde and spotlights mediation options in this month’s colleague corner article.

Utah v. Strieff

Sonia Sotomayor’s opinion in the Supreme Court’s case regarding Fourth Amendment rights. Read an overview by clicking here.

Sprinkler rule declared invalid in Minnesota by the Minnesota Court of Appeals

Read the full article by clicking here

Contractor Registration

According to the Minnesota Department of Labor & Industry (“DLI”), General Contractors need to make sure that all subcontractors are registered contractors if they aren’t already required to have a license.

Read the full article on Contractor Registration by clicking here.

Is a criminal record getting in the way of your employment chances? In Minnesota, you can pursue a second chance by petitioning for an expungement of your record. Please read the article from the Bench & Bar of Minnesota by clicking here.

Paul Grinde will be presenting a free seminar on the topics:

at the 2015 Rochester Area Builders Inc. Home Show on Friday, February 6 at 5:00 PM held at the Mayo Civic Center, Riverview Suite B.
More information can be found on the Rochester Area Builders Inc. website by clicking here.

Construction defects on new homes still a problem in Minnesota

Minnesota has two seasons, according to the old joke: winter and construction season. This year, while winter arrived early, the construction season hasn’t ended. Work continues amid the cold. Construction firms are spending extra time and money to battle the weather in order to meet deadlines. The good news for many construction firms is that the work is available and the housing market has steadily improved since the end of the Great Recession.

Click here to read the full article

The legal grounds for contesting a will or trust in Minnesota

People who are fortunate enough to be able to provide a legacy for loved ones have had to work hard to do so throughout their lives. Helping younger generations attend college, buy a home, or otherwise help out with life’s expenses can be a rewarding end to a lifetime’s worth of effort. That is why circumstances that cast doubt into a will or trust are so devastating to family members and beneficiaries, many of whom may have been relying on an inheritance. For vulnerable people at the end of life, there is little worse than having one’s wishes altered to suit selfish needs

Click here to read the full article

Online social media can harm businesses and employees

These days it seems like everyone is online, from pre-teens uploading funny videos to YouTube to grandmas posting pictures on Facebook. Social media is an everyday part of life, and most of the time people don’t associate it with negative repercussions. Being disciplined or fired as a result of an online post is most likely the last thing on a person’s mind when he or she makes a humorous comment or posts a picture of that great weekend party. However, it’s possible for businesses in Minnesota and elsewhere to actually be harmed by the content that their employees post online.

Click here to read the full article.

Research: Laws allowing any type of cellphone use endanger MN motorists

Distracted driving contributed to 17,500 crashes in Minnesota during 2013, according to the Star Tribune. While many people think of texting while driving first when they consider distracted driving, there are various other forms of distraction that, unlike texting, remain legal under state law. Research suggests that drivers talking on any kind of cellphone, whether hands-free or handheld, pose a particular risk to other Southeast Minnesota motorists.

Click here to read the full article.

Drunk driving accounts for nearly a third of Minnesota traffic deaths

People who went out to enjoy the recent Fourth of July weekend with friends might have realized that they risked sharing the road with drunk drivers, but it can still be easy to assume that nothing will happen to them if they’re careful. The same can apply for any time during the summer months, when people throughout Minnesota will be out in the sun or enjoying the nightlife with friends and family. Drinking activities are common during these peak celebration times.

Click here to read the full article.

Lawsuit filed in Minnesota court against GM over faulty ignition switch

Case could prove to be an important test for the car company’s liability protection

The families of two teenagers who were killed, and one who was seriously injured in a 2006 Wisconsin car crash are suing General Motors, according to the Minneapolis StarTribune. The families recently filed the wrongful death and brain injury suits in Hennepin County’s Fourth Judicial District Court where the car was purchased.

Click here to read the full article.

Realities of pedestrian risks in Minnesota

Motor vehicle accidents can happen anywhere, anytime in Minnesota. They can involve one or more passenger vehicles, large tractor trailers, motorcycles, buses and more. Pedestrians are also frequently the victims of such collisions. Their lack of external protection makes pedestrians extremely susceptible to serious personal injuries or even wrongful death when hit by automobiles.

Click here to read the full article.

Make sure no letter or numeral is covered up on your vehicle’s license plate. Below is an article written by Joshua Rhett for

Click here to read more

Distracted driving continues to be a major problem, CDC says

One issue that has increasingly received media attention over the past few years is distracted driving becoming a factor in more and more car accidents. As a result of these media campaigns, many states, including Minnesota, have enacted bans on cellphones or texting while behind the wheel. However, despite these laws and the efforts of law enforcement to address the problem, distracted driving continues to be a major problem. Recently, the Centers for Disease Control and Prevention (CDC) issued a report that highlighted the seriousness of this issue.
Click here to read the full article.

Below is an article on punishment appropriateness of school-aged children and legal representation that was published in The Capital Times, Madison, Wisconsin.

Click here to read the full article in the Capital Times

Football players at Northwestern University can unionize in a precedent-setting decision by the National Labor Relations Board.

Legal Matters: Avoiding the headache of defect claims

Legal Matters: Lien waivers can protect everyone in the project chain

Custody Classes in Southeastern Minnesota

By: Kristine L. Dicke 

Minnesota law requires parties to a contested custody or parenting time case to attend and complete a minimum of an eight-hour educational program. In all other proceedings involving custody, support or parenting time (i.e., uncontested proceedings) the court may require the parties to attend the educational program. Minn. Stat. Sec. 518.157, Subd. 3. The purpose of the program is to educate parents about the impact that divorce, restructuring of families, and court proceedings have on children and families and to provide methods for dispute resolution. Minn. Stat. Sec. 518.157, Subd. 1.
Click here to read the full article.

Bankruptcy? Now What?

By: James P. Ryan

More frequently now, we see clients in our personal injury practices whose cases are complicated by extreme financial distress. The injuries themselves are stressful, but layering on a failed business or loss of a job due to the current state of economic affairs makes things much more difficult. Financial distress is corrosive – it interferes with an individual’s physical health, damages familial relationships, and complicates the resolution of claims.
Click here to read the full article.

Got Lien Rights?

By: Paul H. Grinde

Whoever performs engineering or land surveying services with respect to real estate, or contributes to the improvement of real estate by performing labor, or furnishing skill, material or machinery, whether under contract with the owner of such real estate or as a subcontractor, shall have a lien upon the improvement, and upon the land on which it is situated. Minn. Stat. Sec. 514.01
Click here to read the full article.

Legislative Changes Pertinent to the Construction Industry

By: Paul H. Grinde
I wanted to take this opportunity to make you aware that the Minnesota legislature has again changed some of the laws applicable to the residential construction industry. As you know, new homes and improvements to homes come with statutory warranties under Minnesota Statute Section 327A. The legislature has revised the law and now it is required that the warranties “be set forth as written warranty instruments and must be included as part of the construction contract and conveyed to the owner.” Minn. Stat. 327A.08(c). The warranties apply even if the written warranty is not provided to the owner. However, a failure to provide the warranty in writing may be grounds for a license sanction. The new law requires that the written warranties be included with contracts entered into on or after August 1, 2009.
Click here to read the full article.

Legal Protections for Service Members and the Duties of Businesses

Many people and businesses are feeling the effect of members of the uniformed services being called to active duty. As members of the National Guard and the Reserves are called upon to leave their normal lives to serve their country, businesses are also called upon to uphold their legal duties to those servicemembers. Most of these legal duties are found in two federal laws – The Uniformed Services Employment and Reemployment Act (USERRA) and The Servicemembers Civil Relief Act (SCRA).
Click here to read the full article.