Ernest F. Peake

All aspects of construction, real estate law and finance, including litigation and transactions.

 

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    • Member, Minnesota State Bar Association
    • Member, Hennepin County Bar Association (Civil Litigation and Construction Law Sections)
    • Member, Minnesota Chapter of Association of General Contractors
    • State of Minnesota, 1990
    • U.S. District Court, District of Minnesota, 1990
    • State of North Dakota, 2014
    • William Mitchell College of Law (J.D., 1990)
    • University of Minnesota (B.A., 1987)
  • Mr. Peake concentrates his practice on providing legal representation to numerous large and small commercial and residential construction contractors, real estate developers, finance companies and receivers.  His legal services include acting as counsel in both litigation and transactions relating to construction, real estate and finance law.  Representative clients include JL Schwieters Construction, Inc., Schwieters Companies, Royal Oaks Realty, Inc., Wooddale Builders, Inc., Corval Constructors, Inc., Corval Group, Inc., Kondaur Capital Corporation, Carrington Mortgage Services, Inc., TriMont Real Estate Advisors, Cordes & Company, Paxmar, LLC and Sand Canyon Corporation. The following is a list of representative matters:

    • Counsel for general contractors and subcontractors in negotiating, drafting and implementing general construction contracts and Engineering, Procurement and Construction Contracts for numerous types of projects including power plants, alternative energy production plants and waste water treatment facilities.
    • Counsel for Wooddale Builders, Inc. in the published case of Wooddale Builders, Inc. v. Maryland Casualty Insurance Co., et al., 722 N.W.2d 283 (Minn. 2006). Minnesota’s leading Supreme Court case involving water intrusion litigation and related general commercial liability insurance coverage.
    • Successfully defended general contractor in bid dispute with municipality 
    • Counsel for JL Schwieters Construction, Inc. in the published case of JL Schwieters Construction, Inc. v. Goldridge Construction, Inc., 788 N.W.2d 529 (Minn. Ct. App. 2010). Minnesota’s leading case involving recovery of construction proceeds through piercing the corporate veil of general contractor.
    • Counsel for contractors in all aspects of mechanic’s lien litigation
    • Successfully defended mortgage lender in lawsuit commenced by consumers alleging violation of federal lending laws
    • Counsel for home builders in successfully defending consumer warranty claims
    • Successfully prosecuted claims against local municipalities on behalf of developers attempting to develop real property into commercial and residential real estate developments
    • Obtained multi-million dollar recoveries for contractors in construction contract disputes related to design defects, change orders and related contract issues. 
    • Successfully defended numerous mortgage lenders in lawsuits wherein borrowers have attempted to avoid foreclosure under the “show me the note” defense. 
    • Successfully defended Kondaur Capital Corporation in the case of Hanson v. Kondaur Capital Corporation, et al. Obtained dismissal by summary judgment of claims brought by Plaintiffs, including TILA violations and unlawful foreclosure.

    Mr. Peake received his undergraduate degree from the University of Minnesota in 1987 and juris doctor degree from William Mitchell College of Law in 1990. Mr. Peake has been recognized as a Minnesota Super Lawyer by Law and Politics Magazine for his work in construction law and litigation.

Ernest F. Peake

Ernest F. Peake

email: epeake@losgs.com

Telephone:  (612) 332-1030

Fax:  (612) 332 2740

 

Primary Areas of Practice:


Civil Litigation, Construction, Real Estate and Financial Institution Law.