No. C9-03-307.

666 N.W.2d 398 (2003)

FRERICHS CONSTRUCTION COMPANY, INC., Respondent, v. MINNESOTA COUNTIES INSURANCE TRUST, Appellant, v. Julian M. Johnson Construction Corporation, et. al., Third-Party Defendants, v. Buetow & Associates, Inc., Third-Party Defendant and Third-Party Plaintiff, v. Fischer Engineering, Inc., et al., Additional Third-Party Defendants, v. Twin City Glass Contractors, Inc., Intervenor.

Court of Appeals of Minnesota.

July 29, 2003.

Attorney(s) appearing for the Case

Jay T. Squires, Joseph J. Langel, Ratwik, Roszak & Maloney, P.A., Minneapolis, MN, for appellant Minnesota Counties Insurance Trust.

Jocelyn Knoll, Scott Johnson, Fabyanske, Westra & Hart, P.A., Minneapolis, MN, for respondent Frerichs Construction Company, Inc.

Considered and decided by RANDALL, Presiding Judge, SCHUMACHER, Judge, and WILLIS, Judge.



Respondent construction company, which had contracted with appellant to construct a building, sued appellant for damages resulting from a breach of contract. Appellant counterclaimed, alleging that respondent had breached the contract by failing: (1) to report the presence of asbestos and (2) to promptly cease operations upon discovery of the asbestos, contending that it incurred expenses in abating the asbestos from the site and...

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