March 2, 2018

Foley & Mansfield recently obtained a jury verdict for Welter Construction, LLC, a Minnesota general contractor. Welter sought damages from Minneapolis-based Hoffman/Weber Construction, Inc., arising out of Welter’s sales work on a series of Wisconsin construction jobs.  

Following a five-day trial, the jury awarded Welter Construction nearly $90,000.00 in damages, finding Hoffman/Weber breached its contractual obligations to Welter.  Welter was represented by Douglas McIntyre and Thomas Priebe of Foley & Mansfield’s Minneapolis office. 

The case involved a complex and detailed analysis of more than thirty jobs secured by Welter for Hoffman/Weber.  Hoffman/Weber claimed to have paid Welter on some of the jobs in dispute, arguing Welter was not entitled to payment on others.  Prior to trial, Hoffman/Weber filed a motion for summary judgment in an attempt to dismiss all of our client’s claims. 

After briefing and oral argument by Mr. Priebe before Judge Karen Janisch of the Hennepin County District Court, Hoffman/Weber’s motion was dismissed by the judge from the bench - an action that rarely occurs. 

At trial, Mr. Priebe served as first chair and successfully demonstrated that the client was entitled to damages based on an oral contract that was entered into with Hoffman/Weber nearly seven years previous.  The parties’ credibility was a central issue for the jury, who ultimately found Welter’s evidence of a valid oral contact persuasive.  Welter’s taxation for additional costs and trial expense is pending.  Hoffman/Weber has 60 days from the entry of judgment to appeal.

Thomas Priebe