What is the appellate process for construction disputes?

Appeal is the process of having a higher court review the decision of a lower court. In Minnesota, the appellate process for construction disputes is similar to other civil cases. An appeal can be heard by the Minnesota Court of Appeals, after which it can be appealed to the Minnesota Supreme Court. The Court of Appeals is an intermediate court that hears appeals from the Minnesota Trial Courts, the Minnesota Tax Court, and some administrative agencies. The court decides questions of law, but does not decide questions of fact. If a party is unsatisfied with the court’s decision, they can appeal to the Minnesota Supreme Court. The Supreme Court is the state’s highest court and hears appeals from the Court of Appeals. Parties usually cannot bring evidence or witnesses when appealing, and must rely solely on the court record from the lower court. When appealing a construction dispute, parties must file a notice of appeal with the lower court, and pay the filing fee. This must be done within 30 days of the court’s decision. Parties must provide a record of the proceedings, which includes the transcripts and trial exhibits. In addition to these requirements, the parties must also submit a brief, which outlines the issues of the case and their positions on them. The other party then responds with their own brief. The appellate court then issues a written opinion that is binding on lower courts. After a decision is made by the appellate court, the parties can further appeal to the Minnesota Supreme Court. This is the final step in the appellate process and is the only court that can reverse or change the decision of the lower court.

What is the appellate process for construction disputes?

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