The POWER 30: Julie N. Nagorski

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Nagorski practices real estate and construction law at DeWitt, where she is co-chair of the firm’s Litigation Practice Group, one of DeWitt’s largest practice groups with more than 70 attorneys across three offices. Her practice includes real estate and construction litigation. Although she leans more toward commercial buildings, her practice does include house defect claims, particularly on higher-value properties.

Construction and real estate claims frequently have more than one defendant or, if they don’t start out that way, third-party defendants are brought in to spread the blame around. That’s not a problem. “It often helps to have more defendants because there’s more money at the table,” Nagorski said. “I don’t mind.”

Although the era of stucco home litigation is past, “water happens,” said Nagorski, who has clients all over the state. She defines a “water intrusion” case as one where water comes from adjacent property. That involves questions of the scope of the intrusion — “has the water always traveled on that path?” That may also lead to statute of limitations issues, Nagorski said.

She concurs with other lawyers who have said that after the stucco cases, building codes and construction practices improved. Additionally, the Legislature has worked hard to balance the interests of developers and trades workers, she said. Warranty provisions often protect her clients because the builder will fix the problem rather than litigate. “A good result without having to use me is in the best interests of my clients,” Nagorski said.

Other disputes arise over the sale of real estate. Recently Nagorski represented the sellers of a home in the Kenwood neighborhood of Minneapolis in defense of a lawsuit by the buyers concerning the disclosures the sellers provided concerning the condition of the home.

“We obtained summary judgment dismissal of the claims against my clients in July 2019,” Nagorski said. “Months later, in connection with a motion by other defendants, the plaintiff submitted an affidavit which we moved to strike and requested the award of attorneys’ fees for the work relating to our motion. The court in November 2019 granted our motion, ordered that the affidavit was stricken from the record, and awarded my clients their attorneys’ fees.

A mention of the pandemic draws a big sigh from Nagorski. In addition to delays in obtaining materials and a labor shortage have been “exorbitant” and unanticipated cost increases.

Bidding for contracts is a source of frustration to some if the “best value” bidding, which may depend on factors other than the lowest price, Nagorski said. Those factors may include the diversity and inclusion in the work force and also the experience of the bidder.

“Diversity and inclusion requires management and management isn’t free. If you are more conscious about effectuating diversity, that takes time that’s not billable. It’s harder to be the low bid if you’re making those efforts,” she said.

One answer is more women and persons of diverse background making decisions, Nagorski said. Some construction clients are pretty diverse, she said. “Women can see that the work is going to teams that are diverse.”