Posts

Minnesota Contract Litigation Lawyers | Truth in Repairs Act Highlights

Minnesota’s “Truth in Repairs Act” (Minn. Stat. §325F.56 through §325F.65) spells out the rights and obligations of repair shops and their customers for repairs costing more than $100 and less than $7,500.

Here are some basic highlights of your rights as a customer:

a). You have the right to receive a written estimate for repair work, if you request one.

b). Generally, once you receive this estimate, the repair shop may not charge more than ten percent above the estimated cost. If the customer is told about an additional charge before the estimate is issued, however, a shop may impose an additional charge for disassembly, diagnosis and reassembly of the item in order to make the estimate.

c). The shop is required to provide you with an invoice if the repairs cost more than $50, and/or the work is done under a manufacturer’s warranty, service contract or an insurance policy. Special statutory requirements apply with respect to what the invoice should contain.

d). The shop cannot perform any unnecessary or unauthorized repairs. If, after repairs are begun, a shop determines that additional work needs to be done, the shop may exceed the price of the written estimate, but only after it has informed you and provided you with a revised estimate. In this case, if you authorize the additional work, the shop may not charge more than ten percent above the revised estimate.

e). Prior to commencement of the repairs, you have the right to ask for and receive replaced parts, unless those parts are under warranty or other restrictions. In that case, they must be returned by the shop to the manufacturer, distributor or other person. You may pay an additional charge for retrieving parts because the shop usually can sell them. Even if you are not allowed to keep the old parts, you should have an opportunity to examine them for up to five days after the repair.

f). A shop may impose a towing, minimum, or other service charge for making a call at a place other than the shop. However, upon the request of the customer, the shop shall inform the customer before making a service call that a service charge will be imposed and the basis on which the charge will be calculated.

It is very important to keep proper written records. If a dispute arises between you and the repair shop, these records are likely to be an indispensable proof of what the parties agreed to and what provision, if any, of the agreement was violated.

If you have any questions with respect to the Minnesota’s “Truth in Repair Act”, contact an experienced Minnesota contract litigation lawyer at Sherayzen Law Office.

Contract Litigation Lawyers Minnesota | Understanding Contract Litigation

Contract litigation permeates the very fabric of advanced economic societies. The primary reason for this widespread presence of this type of litigation is because contracts provide the most common and basic means of conducting transactions between individuals and especially businesses. Contracts, whether written or oral, govern the everyday economic relations. Every time you buy something for a certain price at a store, you agree to a contract. Every time your business hires a worker, it enters a contract.

Since contracts can be found almost everywhere in our economic lives, it is little wonder that disputes often arise between the parties about the exact terms of what they have agreed to or what their contractual obligations are.

Contract litigation is a civilized way to settling these contract disputes. It is a process where the parties to a contract, usually represented by contract litigation attorneys, present their respective arguments to an impartial judge of the relevant jurisdiction the laws of which govern the interpretation of the contracts and even which laws apply. Usually, the parties’ arguments revolve around three common themes. First, interpretation of the contract and the parties’ rights and obligations. Second, enforcement of a party’s contractual rights or obligations. Third, obtaining remedy for whatever damage produced as a result of the other party’s breach of contract. Usually, the remedy is limited to recovering damages, but there are situations where a party will seek an order from the court to compel the other party to perform as promised (this is known as “specific performance”). In some situations, an injunction prohibiting a party from doing something may be appropriate.

A lot of people unfamiliar with contract litigation commit a common mistake of thinking that contract interpretation is limited solely to the language that can be found in the contract itself. While ambiguous, competing or contradictory clauses may form the core of a party’s argument, contract litigation lawyers usually have to also analyze the particular facts of a case which may be relevant to the interpretation of the disputed language of the contract.

Beyond these basic litigation themes, contract litigation involves a myriad of other procedural and substantive decisions: assessment by contract litigation lawyers of whether a case should be litigated, where to file the case, the laws of which jurisdiction of should apply, what evidence should be presented, who should testify, how would a judge interpret the contract given the trends in the laws of a relevant jurisdiction, and so on. Therefore, it is very important to involve a contract litigation lawyer as early as possible in the contract litigation process.

Sherayzen Law Office can guide you through this labyrinth of procedural and substantive issues and litigate the case for you. When you retain Sherayzen Law Office to represent you in a contract dispute litigation, you get a vigorous advocate of your legal position who is thorough, detail-orientated and possesses strong litigation skills, with the analytical ability to identify and achieve effective resolutions. We recognize that litigation is a means to an end and structure our litigation strategies in such a way as to protect and enforce your business interests.

Call NOW  to discuss your case with a Minnesota contract litigation lawyer!