J. Robert Keena, Hellmuth & Johnson

Partner, Chair of Litigation, Hellmuth & Johnson

What are the biggest challenges you currently see in construction or real estate law?

We are seeing increasing restrictions by insurers on the coverages they offer in first-party claims and a reduced willingness to provide defense and indemnity in third-party claims. This includes a tightening of the belt by insurers in residential adjustments and the policies they sell, new and novel policy exclusions in large-scale commercial property policies, and a more restrictive approach to policy provisions when an insured seeks coverage on claims brought by a third party against contractors and commercial property owners. The world of insurance is changing and becoming more restrictive in the construction and real estate fields.

What advice would you give a business to avoid legal complications in construction or real estate?

It sounds basic, but businesses need to understand that contract terms matter, and the best time to focus on these terms is at the time of contract formation rather than after one party has failed to meet their obligations. Expectations that are not explicit in an agreement create significant problems once a business relationship sours. Business should not presume that outside discussions about a contractual relationship will be adhered to, once the contract is being performed. It is far less costly to work on the terms of an agreement before there is a dispute than it is to argue a position after one party has breached or otherwise failed to meet their obligations.

What is one thing you would change about Minnesota if you could?

I would cut our thermometers off at about 40 degrees Fahrenheit.

What’s something most people don’t know about you?

In addition to practicing law, I am an avid classic car restorer. I enjoy searching parts and pursing high end restorations with 1960s American vehicles.