Minnesota Laborers Health & Welfare Fund v. Granite Re, Inc.

844 N.W.2d 509, 2014 WL 1304945, 2014 Minn. LEXIS 184
CourtSupreme Court of Minnesota
DecidedApril 2, 2014
DocketNo. A12-1017
StatusPublished
Cited by12 cases

This text of 844 N.W.2d 509 (Minnesota Laborers Health & Welfare Fund v. Granite Re, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Minnesota Laborers Health & Welfare Fund v. Granite Re, Inc., 844 N.W.2d 509, 2014 WL 1304945, 2014 Minn. LEXIS 184 (Mich. 2014).

Opinion

OPINION

PAGE, Justice.

Appellant Granite Re, Inc. (Granite Re), seeks our review of a court of appeals decision reversing the dismissal of a lawsuit brought by respondents Minnesota Laborers Health and Welfare Fund, et al. (the Funds),1 seeking payment on a surety bond.2 The district court dismissed the Funds’ declaratory judgment claim, granting summary judgment to Granite Re, because, among other reasons, the Funds’ lawsuit was commenced after the one-year contractual limitations period set out in the bond had expired. The court of appeals reversed, holding that fraudulent concealment by the bond principal tolled the limitations period set out in the bond. For the reasons discussed below, we affirm.

Granite Re is the surety on a labor and material payment bond issued to Envi-roTech Remediation Services, Inc. (Envi-roTech), the principal obligor on the bond. EnviroTech was a subcontractor performing asbestos and lead abatement work on a project demolishing the High Bridge Generating Plant (the High Bridge project) in Saint Paul. Pursuant to the terms of its subcontract, EnviroTech was required to provide a performance and payment bond to ensure payment of EnviroTech’s labor and material costs. Under the bond issued by Granite Re, Granite Re guaranteed payment of up to $2,067,069 to claimants 3 “for all labor and material used ... in the performance of the subcontract.” The bond allows a claimant to sue on the [512]*512bond if the claimant “has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant’s work or labor was done or performed.” The bond also contains a contractual one-year limitations period, which reads:

No suit or action shall be commenced hereunder by any claimant ... [a]fter the expiration of one (1) year following the date on which [EnviroTech] ceased work on [the] subcontract it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law.

Under this language, all claims on the bond had to be brought within one year of EnviroTech’s completion of work on the High Bridge project. EnviroTech completed its work on the project in May 2009.

As a party to a collective bargaining agreement (CBA), EnviroTech was required to contribute each month to six separate employee benefit plans. The Funds served as trustees for those benefit plans.4 Pursuant to the CBA, EnviroTech was also required to furnish the Funds with employment and payroll records. As EnviroTech performed work, it sent fringe benefit reports to the Funds identifying the hours EnviroTech’s employees worked on the High Bridge project.

In July 2009, the Funds commenced an action in federal court against EnviroTech, alleging that EnviroTech had failed to pay required fringe benefits on other projects. During discovery in that action, the Funds noticed what they claim to be discrepancies between records provided by the general contractor on the High Bridge project and the fringe benefit reports provided by EnviroTech. Through an audit of Enviro-Tech’s payroll records for the High Bridge project, the Funds discovered that Enviro-Tech at times had paid employees for their labor with checks that it recorded in its business checking account as “accounts payable” rather than “payroll,” and by paying them with envelopes of cash. According to the Funds, EnviroTech did not record these off-payroll payments in its fringe benefit reports, nor did EnviroTech pay fringe benefits on these off-payroll payments. Ultimately, the Funds concluded that EnviroTech owed them $245,168 in fringe benefit payments, and made a claim on the bond. Granite Re denied the Funds’ claim as time barred under the bond’s limitations period because the claim was brought more than one year after EnviroTech finished its work on the High Bridge project.

The Funds commenced a declaratory judgment action against Granite Re in April 2011, seeking clarification of then-right to payment under the surety bond. The Funds sought a declaratory judgment that their claim under the bond was timely in light of EnviroTech’s fraudulent concealment of the actual hours worked by its employees on the High Bridge Project. On cross-motions for summary judgment, the district court granted summary judgment to Granite Re. Among other grounds, the court concluded that the Funds’ claim was time barred because the Funds failed to commence litigation within the one-year limitations period set forth in the bond. The district court declined to apply the doctrine of fraudulent concealment to toll the limitations period in the bond, [513]*513reasoning that the Funds had not alleged that Granite Re was a party to Enviro-Tech’s fraudulent concealment.

The court of appeals reversed, concluding that the Funds had set forth “a prima facie case of fraudulent concealment by EnviroTech,” and that Granite Re, “as surety, is bound by EnviroTech’s alleged fraudulent concealment.” Minn. Laborers Health and Welfare Fund v. Granite Re, Inc., 826 N.W.2d 210, 215-16 (Minn.App. 2012). The court of appeals also concluded that there are genuine issues of material fact surrounding the Funds’ diligence in discovering EnviroTech’s fraudulent concealment; therefore, the court of appeals remanded to the district court for further proceedings. Id. at 216.

On appeal from a grant of summary judgment, we determine whether any genuine issues of material fact exist and whether the district court erred in its application of the law. Patterson v. Wu Family Corp., 608 N.W.2d 868, 866 (Minn.2000). We construe the facts in the light most favorable to the party against whom summary judgment was granted, in this case, the Funds. See Bearder v. State, 806 N.W.2d 766, 770 (Minn.2011). Therefore, for purposes of this appeal, we assume that EnviroTech failed to make the fringe benefit payments as alleged and that the Funds established a prima facie case of fraudulent concealment.

Fraudulent concealment is an equitable doctrine. Schmucking v. Mayo, 183 Minn. 37, 40, 235 N.W. 633, 634 (1931). We typically review a district court’s decision as to whether to grant equitable relief for an abuse of discretion. See SCI Minn. Funeral Servs., Inc. v. Washburn-McReavy Funeral Corp., 795 N.W.2d 855, 860-61 (Minn.2011). The question before the district court here was not whether to apply the equitable doctrine of fraudulent concealment. Rather, the question before the district court was a purely legal question: whether fraudulent concealment by a principal obligor on a bond can toll a limitations period against the bond’s surety. Therefore, we review the district court’s decision de novo. Id. at 861 (“We review the [district] court’s legal determinations de novo.”).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
844 N.W.2d 509, 2014 WL 1304945, 2014 Minn. LEXIS 184, Counsel Stack Legal Research, https://law.counselstack.com/opinion/minnesota-laborers-health-welfare-fund-v-granite-re-inc-minn-2014.