D. Minnesota cuts commercial fee award 11.3% over reconstructed time | LegalTime AI

D. Minnesota cuts commercial fee award 11.3% over reconstructed time

Engineering & Construction Innovations, Inc. v. Bradshaw Construction Corp. et al, No. 0:20-cv-00808. District Court, D. Minnesota, Judge Eric C. Tostrud. Decided . Read the opinion

Requested
$14,210.95
Awarded
$12,610.95
Cut
11.3%$1,600

Commercial · Fee applicant's counsel: Fabyanske, Westra, Hart & Thomson, P.A.

What happened

Fabyanske, Westra, Hart & Thomson, P.A. sought $14,210.95 in fees. The court awarded $12,610.95, a reduction of $1,600, or 11.3%. The court reduced by 50% the fees in a category of entries that had been reconstructed rather than recorded contemporaneously. The figures do not include costs.

What the court said

Reconstructed time · 50% reduction · $1,600
The fees awarded in this category will be reduced by 50%, or $1,600.

Why it matters

The ruling shows that courts will cut fees when time entries are reconstructed rather than kept contemporaneously, even when the overall reduction is modest. It signals that the reliability of time records affects the amount awarded, and that a partial cut may be applied to the affected entries.

How to keep this out of your fee petition

  • Track time from the first day, even in matters you expect to be contingent or fee-shifting.
  • If you must reconstruct time, say so and explain the sources.
  • Do not round or estimate to fill gaps.

Cite this ruling

Engineering & Construction Innovations, Inc. v. Bradshaw Construction Corp., No. 0:20-cv-00808 (D. Minn. June 30, 2025)

See hourly rates the D. Minnesota approves and attorney fee motions in Minnesota federal courts.

Figures and quotes are taken from the opinion and checked against its text. Spot an error? Email team@legaltime.ai with the case name and we will correct it. Summaries of public court opinions. Not legal advice.

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