McCollum Crowley — Defend Differently
MinnesotaAug 5, 202630 min opinionConstruction

Sustainable 9, LLC d/b/a Sustainable 9 Design + Build v. Jacqueline Coleman, Riverland Bank

Supreme Court of Minnesota decided this construction matter on August 5, 2026. Gaïtas wrote.

Construction claims
Minnesota high court building or courtroom
Image: Myotus, CC0

Question presented

This case concerns a contractor’s entitlement to attorney fees and costs in a mechanic’s lien foreclosure action arising from the construction of a new home.

Quoted from the court's opinion.

What the court held

When the amount of damage caused by a contractor's negligent construction of a home exceeds the amount of that contractor's mechanic's lien for the home, the homeowner's defense of recoupment eliminates the lien, and the lien cannot serve as the basis for an award of attorney fees and costs to the contractor under Minnesota Statutes section 514.14 in a mechanic's lien enforcement action. Reversed and remanded.

Quoted from the court's own holding or syllabus. Confirm against the linked opinion before relying on it.

How the case got here

  1. Court of appeals

    Intermediate appellate review

    Minnesota Court of Appeals

  2. High court review

    Docketed at the high court, 2024

    Supreme Court of Minnesota · No. A24-1548

  3. Aug 5, 2026

    Decided

    Opinion by Gaïtas · Reversed and remanded

Key passage

We therefore examine if, and how, the common law doctrine of recoupment applies when a contractor’s negligence causes damage that exceeds the amount of the mechanic’s lien on the property.

Why this matters

Supreme Court of Minnesota reversed and remanded. The opinion is published, so it binds Minnesota trial courts until the court revisits it. This decision may shape the allocation, timing, or defense of construction and property-loss claims.

Review focus

The contract, defect, or property issue presented

How the court allocates duties among project participants

Any effect on timing, damages, or available defenses