Sustainable 9, LLC d/b/a Sustainable 9 Design + Build v. Jacqueline Coleman, Riverland Bank, ...
CourtSupreme Court of Minnesota
Date FiledAugust 5, 2026
DocketA241548
StatusPublished
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Full Opinion
STATE OF MINNESOTA
IN SUPREME COURT
A24-1548
Court of Appeals GaĂŻtas, J.
Sustainable 9, LLC d/b/a
Sustainable 9 Design + Build,
Respondent,
vs. Filed: August 5, 2026
Office of Appellate Courts
Jacqueline Coleman,
Appellant,
Riverland Bank,
Defendant,
John Doe, et al.,
Defendants.
________________________
Courtney J. Ernston, North Star Law Group PLLC, Saint Paul, Minnesota, for
respondent.
Carl E. Christensen, William J. Rogers, Christensen Sampsel PLLC, Minneapolis,
Minnesota, for appellant.
________________________
1
SYLLABUS
When the amount of damage caused by a contractorâs negligent construction of a
home exceeds the amount of that contractorâs mechanicâs lien for the home, the
homeownerâs defense of recoupment eliminates the lien, and the lien cannot serve as the
basis for an award of attorney fees and costs to the contractor under Minnesota Statutes
section 514.14 in a mechanicâs lien enforcement action.
Reversed and remanded.
OPINION
GAĂTAS, Justice.
This case concerns a contractorâs entitlement to attorney fees and costs in a
mechanicâs lien foreclosure action arising from the construction of a new home. In 2019,
appellant Jacqueline Coleman hired respondent Sustainable 9, LLC (the contractor) as a
general contractor to build her home in Medina. Near the end of the construction project,
Coleman alleged unresolved issues with the construction and began withholding
payments to the contractor. The contractor then initiated a lawsuit, seeking to enforce its
mechanicâs lien on Colemanâs property and asserting a breach of contract claim against
Coleman. Coleman counterclaimed for breach of contract and negligence. A jury awarded
damages to Coleman on her negligence claim and to the contractor on its breach of
contract claim.
After the jury verdicts, the district court considered the mechanicâs lien foreclosure
action. Coleman asserted the common law doctrine of recoupment as a defense to the
mechanicâs lien. She argued that the amount of the lien should be reduced by the amount
2
of damage caused by the contractorâs negligent construction, as represented by the juryâs
damages award for her negligence claim. The district court rejected the recoupment
defense and found that the contractor had a valid mechanicâs lien in the amount of the
juryâs damages award for the contractorâs breach of contract claim. But the district court
determined that the value of the mechanicâs lien was fully offset by the juryâs damages
award for Colemanâs negligence claim. Notwithstanding this determination, the district
court awarded the contractor attorney fees and costs under Minnesota Statutes
section 514.14âwhich provides for attorney fees to the prevailing party in a mechanicâs
lien proceedingâbecause it determined that the offset of the award did not void the lien.
Coleman appealed to the court of appeals, and the court of appeals affirmed.
Before this court, Coleman argues that the district court erred by awarding
attorney fees and costs to the contractor to enforce its mechanicâs lien. She asserts that
both the district court and the court of appeals erred by rejecting her affirmative defense
of recoupment, which she argues extinguished the mechanicâs lien. We therefore examine
if, and how, the common law doctrine of recoupment applies when a contractorâs
negligence causes damage that exceeds the amount of the mechanicâs lien on the
property. We conclude that, under these circumstances, recoupment operates as a
complete defense and eliminates the mechanicâs lien. Thus, we reverse and remand,
holding that the court of appeals erred by affirming the district courtâs ruling on the
validity of the mechanicâs lien and the award of associated attorney fees and costs to the
contractor.
3
FACTS
In October 2019, Coleman contracted with Sustainable 9, LLC, to build a home in
Medina. Per the contract, Coleman paid for the construction with installment payments.
When the project was nearly complete, Coleman raised several concerns with the
contractor regarding the construction. These concerns included gaps in the fascia (the
long, straight board that runs along the lower edge of the roof), the appearance of the
basement floor, and damage to the stairs. In January 2020, Coleman informed the
contractor that she would withhold future installment payments if these concerns were
not resolved. Discussions between Coleman and the contractor soon broke down, and
Coleman began withholding payments.
In February 2021, the contractor filed a mechanicâs lien statement against
Colemanâs property. The contractor then initiated this lawsuit in March 2021, seeking to
enforce the mechanicâs lien and bringing a separate breach of contract claim against
Coleman. Coleman counterclaimed for breach of contract and negligence. Additionally,
Coleman asserted several affirmative defenses, including: âPlaintiffâs claims are barred
by its unlawful conduct and breach of duties owed to Colemanâ and âPlaintiffâs alleged
damages are offset by its own breach of the applicable agreements, contracts and/or
correspondence.â
The district court held a jury trial on both partiesâ breach of contract claims and
Colemanâs negligence claim. At the jury trial, the parties disputed whether there were
construction defects and the amount it would cost to repair any defects. The contractor
also argued that Coleman had impeded it from completing repairs on the claimed defects,
4
which would excuse its performance under the contract. The jury found that Coleman
breached the contract and awarded the contractor $94,951.89 in damages. The jury also
found that the contractor breached the contract but did not award Coleman damages on
that claim. Finally, the jury found that the contractor was negligent in its work on
Colemanâs property and awarded Coleman $278,622 in damages for the negligence.
Coleman filed post-trial motions, arguing that the juryâs award of damages on her
negligence claim was inconsistent with its decision not to award damages on her contract
claim. The district court denied Colemanâs post-trial motions, reasoning that the juryâs
findings were not inconsistent, in part because the jury could have found that the
obligations under the contract were not identical to the duties underlying the negligence
claim.1
Following the jury trial, the district court held a hearing on the contractorâs action
to enforce the mechanicâs lien. Coleman argued that the contractor should not recover
anything on its lien because the amount of damage to her homeârepresented by the
juryâs finding of negligence damagesâexceeded the amount of the claimed lien. She
contended that, under the doctrine of recoupment, the lien was extinguished because the
1
The district court reasoned that the jury could have found that Coleman impeded
the contractor from returning to her home to make the repairs. The district court stated
that â[t]here is a duty to mitigate in contract, there is not a duty to mitigate in
negligence.â Thus, the jury could have concluded that Coleman failed to mitigate her
damages under the contract claim and still awarded damages under the negligence claim.
The court of appeals later concluded that this statement by the district court was legal
error. Sustainable 9, LLC v. Coleman, No. A24-1548, 2025 WL 2389072, at *5 (Minn.
App. Aug. 18, 2025). Before this court, the parties do not challenge the juryâs verdicts or
the district courtâs findings regarding the verdicts.
5
value of the lien was less than the amount the jury determined was necessary for repairs
to the home. On the other hand, the contractor argued that the doctrine of recoupment
could not be used to reduce the lien amount because the jury did not award any damages
on Colemanâs breach of contract claim. The parties also disputed whether the contractor
was entitled to attorney fees and costs on the lien claim.
The district court rejected Colemanâs recoupment theory. It concluded that the
contractor had a mechanicâs lien for $94,951.89âthe amount the jury awarded the
contractor on its breach of contract claim. However, the district court observed that the
contractor was not entitled to collect on this lien âbecause the amount owing to [the
contractor] has been offset by the amount [the contractor] owes to Coleman on the
negligence claim.â Nonetheless, the district court concluded that the contractor was
entitled to attorney fees and costs in enforcing the mechanicâs lien under Minnesota
Statutes section 514.14. The district court reasoned that, while a ânegligence claim can
offset the award under the mechanicâs lien,â it does not âvoid the lien and therefore does
not void the attorney fee claim.â The district court ultimately awarded attorney fees of
$46,000 and costs of $16,500 to the contractor for enforcing the mechanicâs lien.
Following the offset, the district court determined that the contractor owed Coleman a
total of $121,170.2 The district court also concluded that Coleman was entitled to costs
and disbursements, totaling $12,962.33, as the prevailing party in the overall litigation.
2
To calculate this number, the district court took the $278,622 in negligence
damages awarded by the jury to Coleman and subtracted the damages she owed to the
contractor on its contract claim ($94,951.89) and the attorney fees and costs she owed to
the contractor on the mechanicâs lien claim ($62,500).
6
Coleman appealed to the court of appeals, which affirmed the district courtâs
decision. Sustainable 9, LLC v. Coleman, No. A24-1548, 2025 WL 2389072 (Minn. App.
Aug. 18, 2025). On the issue of recoupment, the court of appeals concluded that
âColemanâs negligence claim does not support a recoupment defenseâ because the
contractorâs duty of care under tort law was independent of the construction contract. Id.
at *11. Thus, the court of appeals concluded, Colemanâs damages award arising from her
negligence claim could not be recouped against the mechanicâs lien award. Id. The court
of appeals further held that the district court did not abuse its discretion by awarding
attorney fees to the contractor in the mechanicâs lien proceeding. Id. at *13.
We granted Colemanâs petition for review.
ANALYSIS
The central question here is whether the contractor is entitled to attorney fees and
costs for seeking to enforce its mechanicâs lien against Colemanâs property. Under the
mechanicâs lien statutes and our case law, a lienholderâs entitlement to attorney fees
under Minnesota Statutes section 514.14 is directly connected to the success of its
mechanicâs lien foreclosure action. See T.A. Schifsky & Sons, Inc. v. Bahr Constr. Co.,
773 N.W.2d 783, 788 (Minn. 2009). Thus, to answer the question before us, we must
determine whether the contractor prevailed in its mechanicâs lien foreclosure action. This
inquiry, in turn, depends on whether Coleman may assert the affirmative defense of
recoupment to defeat the mechanicâs lien.
Coleman argues that the contractor was not entitled to a mechanicâs lien. She
asserts that, by operation of her affirmative defense of recoupment, the value of the lien
7
should have been reduced to zero due to the damage to her home resulting from the
contractorâs negligence. And because the lien had no value, she contends that the
contractor did not succeed in enforcing its mechanicâs lien.
The contractor argues that the affirmative defense of recoupment does not apply
under the circumstances of this case. It contends that the district court correctly offset the
damages, rather than applying the defense of recoupment to extinguish the mechanicâs
lien. The contractor further argues that it successfully enforced its mechanicâs lien and is
therefore entitled to attorney fees and costs.
To resolve the questions presented, we first examine the common law defense of
recoupment and how it operates in mechanicâs lien foreclosure actions. Then, we turn to
the question of whether Coleman may assert the defense of recoupment here. Finally, we
consider whether recoupment extinguishes the contractorâs mechanicâs lien in this case,
which would correspondingly extinguish any right to attorney fees and costs.
The availability and application of recoupment as an affirmative defense are
questions of law that we review de novo. See Household Fin. Corp. v. Pugh, 288 N.W.2d
701, 703â05 (Minn. 1980) (analyzing whether the recoupment defense applied without
deference to the district court); Soderberg v. Anderson, 922 N.W.2d 200, 203 (Minn.
2019) (stating that the application of Minnesotaâs common law is a question of law that is
reviewed de novo). We review a district courtâs award of attorney fees and costs for an
abuse of discretion. See Becker v. Alloy Hardfacing & Engâg Co., 401 N.W.2d 655, 661
(Minn. 1987); Obraske v. Woody, 199 N.W.2d 429, 432 (Minn. 1972) (holding that the
district court has discretion to award reasonable attorney fees in a mechanicâs lien
8
foreclosure action). A district court abuses its discretion when it makes findings
unsupported by the evidence or when it improperly applies the law. Madison Equities,
Inc. v. Off. of Attây Gen., 967 N.W.2d 667, 672 (Minn. 2021).
A.
We begin by identifying the applicable law. We first consider the affirmative
defense of recoupment. Then, we address Minnesotaâs mechanicâs lien statutes.
1.
Recoupment is a common law doctrine that can be traced back to some of our
earliest cases. See Mason v. Heyward, 3 Minn. 182 (1859). In recent years, however, we
have not had many opportunities to address this doctrine.
Recoupment is based on the equitable principle that when multiple claims arise out
of the same transaction, one claim should compensate for the other. Townshend v.
Minneapolis Cold-Storage & Freezer Co., 48 N.W. 682, 683 (Minn. 1891). Recoupment
is âpurely defensive.â Imperial Elevator Co. v. Hartford Accident & Indem. Co.,
204 N.W. 531, 532 (Minn. 1925). A recoupment defense âmust arise out of the same
transaction that is the subject matter of the plaintiffâs action and it can only be utilized to
reduce or avoid the plaintiffâs recovery.â Pugh, 288 N.W.2d at 704.
Our decision in Townshend illustrates our application of recoupment. The plaintiff
in that case, the owner of 1,400 barrels of apples, sought to recover possession of the
apples and damages for the retention of the apples in a warehouse. 48 N.W. at 682. The
defendantâs answer claimed âa lien on the apples as warehouseman.â Id. In response, the
owner of the apples alleged âincompetency and negligence on the part of defendant in the
9
storing and keeping of the apples,â which caused damages that exceeded the amount of
the claimed lien. Id. We determined that recoupment was an available âdefense against
the claim for a lien.â Id. at 682â83. This meant that any damages caused by the
defendantâs negligence could be deducted from the claimed lien. Id. at 683. Because the
claimed negligence damages exceeded the claimed lien, we explained that âthere was
nothing due defendant on the contract for storage, and consequently there could be no
lien for storage.â Id.
The affirmative defense of recoupment is distinct from a setoff and a counterclaim.
Unlike recoupment, setoffs and counterclaims are not defensive, but offensive claims.
Imperial Elevator Co., 204 N.W. at 532. While recoupment requires the competing
claims to arise from the same transaction, a court may set off damages from separate
claims that arise from unrelated transactions. Pugh, 288 N.W.2d at 704 & n.5. Similarly,
a counterclaim may, but need not, arise from the same transaction as the opposing partyâs
claim. Parties may assert a compulsory counterclaim, which arises from the same
transaction as the subject matter of the opposing partyâs claim, see Minn. R. Civ. P. 13.01,
or a permissive counterclaim, which does not arise out of the same transaction, see Minn.
R. Civ. P. 13.02.
Unlike recoupment, a counterclaim âallows for recovery in excess of that sought
by the plaintiff.â Pugh, 288 N.W.2d at 704 n.5. As we stated in Townshend, the party
asserting a counterclaim may âgo beyond abating or barring the plaintiffâs claim, and
[may] recover an affirmative judgment for the difference in his favor.â 48 N.W. at 683;
see also Minn. R. Civ. P. 13.03 (âA counterclaim may or may not diminish or defeat the
10
recovery sought by the opposing party. It may claim relief exceeding in amount or
different in kind from that sought in the pleading of the opposing party.â).3
For recoupment to apply, the claim and the defense must âaris[e] from the same
contract or transaction.â Townshend, 48 N.W. at 683. For example, a defendant may
assert the defense of recoupment to reduce or eliminate the balance owed under a contract
as the result of the plaintiffâs defective performance under that contract. See id. (stating
that âa defendant may abate or bar the plaintiffâs claim, by proof of damages sustained by
him by plaintiffâs non-performance of the agreementâ); 37 Dunnell Minn. Digest,
Pleading § 8.07[b] (6th ed. 2020) (citing cases). We have broadly interpreted the âsame
contractâ requirement. In Pugh, we considered whether, under the recoupment doctrine, a
plaintiff/creditorâs violation of the Federal Truth in Lending Act (TILA) could be used to
reduce its recovery against the defendant/borrower in a breach of contract action. Pugh,
288 N.W.2d at 703â05. In answering this question, we rejected a narrow interpretation of
the recoupment doctrine, adopted by some courts, which requires a recoupment claim to
âarise directly from an obligation or covenant of the contract itself.â Id. at 705. Instead,
we stated that recoupment is available under Minnesota law âwhere there is an action
3
Here, for example, although the district court declined to apply a recoupment
defense, it applied the doctrine of setoff when it calculated the final amounts owed to
each party. The district court found that the contractor was entitled to a $94,951.89
mechanicâs lien, that Coleman was entitled to a $278,622 negligence award, and it set off
these awards so that Coleman collected the balance. The district court determined that the
setoff did not affect the ultimate result of these competing claims, finding that the
contractor prevailed on its mechanicâs lien claim, entitling it to reasonable attorney fees
and costs on that claim and awarding the contractor $62,500 in attorney fees and costs.
11
upon a contract,â and there has been either (1) âa breach of the contractâ; (2) a breach of
âsome divisible partâ of the contract; or (3) a breach of an âobligation connected withâ
the contract. Id. (quoting C. Aultman & Co. v. Torrey, 57 N.W. 211, 211 (Minn. 1893)).
Because we determined that the plaintiff/creditorâs responsibilities under TILA were an
âobligation connected withâ the contract, we concluded that recoupment was an available
defense. Id.
The recoupment defense is not limited to breach of contract claims. See Bull v.
United States, 295 U.S. 247, 263 (1935) (permitting recoupment in a tax case brought by
the federal government). We have repeatedly explained that, for recoupment to apply, the
opposing claims must arise from the same contract or transaction. See Townshend,
48 N.W. at 683; Imperial Elevator Co., 204 N.W. at 532. In Pugh, we observed that
recoupment can be defined as a defense âarising out of [s]ome feature of the transaction
upon which the plaintiffâs action is grounded.â 288 N.W.2d at 705 (emphasis added)
(quoting Bull, 295 U.S. at 262). And we have recognized a range of non-contract claims
that can serve as the basis for a recoupment defense. See, e.g., Townshend, 48 N.W. at
682 (applying recoupment defense based on âallegations of incompetency and
negligenceâ in connection with a storage warehouse lien); C. Aultman & Co., 57 N.W. at
211 (acknowledging âbreach of warrantyâ as a basis for recoupment defense to a breach
of contract claim); Pugh, 288 N.W.2d at 705 (holding that the violation of a federal
statute could be the basis of a recoupment defense).
12
2.
Here, Coleman asserted recoupment as a defense to the contractorâs mechanicâs
lien foreclosure claim. She contends that the district court erred in failing to apply
recoupment to extinguish the contractorâs mechanicâs lien. Before considering this
argument, we briefly address mechanicâs liens.
âA mechanicâs lien is a statutory remedy available to those who furnish labor or
materials in the improvement of real property.â Ryan Contracting Co. v. OâNeill &
Murphy, LLP, 883 N.W.2d 236, 243 (Minn. 2016); see also Minn. Stat. §§ 514.01â.16
(addressing liens against property). Under Minnesotaâs mechanicâs lien statutes,
â[w]hoever ⌠contributes to the improvement of real estate,â Minn. Stat. § 514.01, has
âa non-consensual lien or security interest in the improved property,â S.M. Hentges &
Sons, Inc. v. Mensing, 777 N.W.2d 228, 230 (Minn. 2010). A lienholder may file a
complaint and bring an action in district court to enforce, or foreclose, the lien. Minn.
Stat. § 514.10.4 The district court then issues judgment âin favor of each lienholder for
the amount demanded and proved.â Minn. Stat. § 514.14. Where, as here, the parties did
not contract for a set price, the lien value is âfor the reasonable value of the work done,
and of the skill, material, and machinery furnished.â Minn. Stat. § 514.03, subd. 1(b).
4
To establish the right to a mechanicâs lien, the lienholder must show âthat the real
estate has been improved, that he supplied labor or materials, and that the labor or
materials were supplied for one of the purposes stated in the statute.â Anderson v. Breezy
Point Ests., 168 N.W.2d 693, 696 (Minn. 1969). The lienholder must also follow the
procedural steps outlined in the statutes, which include giving notice to the property
owner and filing a lien statement. Minn. Stat. §§ 514.011, 514.08. The parties do not
dispute that the contractor met these requirements for a mechanicâs lien.
13
Section 514.14 provides that â[j]udgment shall be given in favor of each lienholder for
the amount demanded and proved, with costs and disbursements to be fixed by the court
at the trial.â We have interpreted this provision to permit the district court to award
reasonable attorney fees to a lienholder. See, e.g., Klingelhutz v. Grover, 236 N.W.2d 610,
612 (Minn. 1975); Obraske, 199 N.W.2d at 431â32.
The purpose of the mechanicâs lien statute is to protect âthe rights of contractors to
get paid.â Moore v. Robinson Envât, 954 N.W.2d 277, 282 n.5 (Minn. 2021). A mechanicâs
lien protects the rights of contractors by providing a mechanism for ensuring that those
âwhose property is enhanced in value by the labor and toil of others should be made to
respond in some way by payment and full satisfactionâ for the benefit received. Emery v.
Hertig, 61 N.W. 830, 831 (Minn. 1895); see also Dolder v. Griffin, 323 N.W.2d 773, 779â
80 (Minn. 1982) (noting that mechanicâs lien statutes should be liberally construed âto
effectuate their purpose of protecting the rights of workmen and materialmen who furnish
labor and material for the improvement of real estateâ (citation omitted) (internal
quotation marks omitted)).
B.
We now turn to the question of whether Coleman may assert the defense of
recoupment here. At the heart of the partiesâ dispute regarding the applicability of the
recoupment defense is the question we considered in Pughâwhether the claims arose
from the âsame transaction.â 288 N.W.2d at 704. If the contractorâs mechanicâs lien claim
and Colemanâs negligence claim arose from the same transaction, recoupment is available
14
to Coleman. Conversely, if the claims did not arise from the same transaction,
recoupment is not available.
Both parties ask us to focus on the construction contract as the relevant transaction
here. While the parties agree that the mechanicâs lien arose from the construction
contract, they disagree as to whether the negligence claim arose from that contract.
Coleman argues that, under our case law, recoupment is a broad and flexible
doctrine that encompasses non-contract claims, such as negligence. She asserts that, as in
Pugh, the contractor breached an âobligation connected withâ the construction contract
because every contractor owes a duty of care in connection with a construction contract
in Minnesota. See Pac. Fire Ins. Co. v. Kenny Boiler & Mfg. Co., 277 N.W. 226, 228
(Minn. 1937) (âWhere one person owes another a contractual duty to act, the law imposes
upon the person owing that duty the further duty of acting with due care in the
performance of his contract so as not to injure the contracteeâs person or property.â).
Thus, Coleman contends, because the juryâs negligence verdict against the contractor
necessarily included a finding that the contractor breached its duty of care under the
construction contract, the negligence claim âaroseâ from the contract. Accordingly,
recoupment is an available defense because the negligence claim and the mechanicâs lien
both arose from the construction contract.
The contractor argues for a narrower application of the recoupment defense in this
context. Citing our decision in C. Aultman, the contractor argues that our case law has
âtetheredâ recoupment to âan action upon a contract.â C. Aultman, 57 N.W. at 211.
According to the contractor, only construction defects âthat negate the contract price for
15
the same improvementâ qualify for recoupment. And conversely, âawards that are not
paired to specific contracted-for itemsâ remain separate judgments that can be handled by
a setoff, as the district court did here. Accordingly, it asserts that recoupment is not an
available defense here because the duties underlying Colemanâs negligence claim are
distinct from the duties imposed by specific provisions in the construction contract.
We conclude that recoupment applies here because the mechanicâs lien claim and
the negligence claim both arose from the same transaction. In reaching this conclusion,
however, we need not inquire whether both claims arise from the construction contract.
Our approach is more straightforward. Because the claims arose from the construction
projectâspecifically, the construction of Colemanâs home, separate from the existence of
an enforceable contractâwe conclude that the claims arose from the same transaction.
Indeed, both a mechanicâs lien claim and a negligence claim may exist separate
from a contract. Because mechanicâs liens are purely creatures of statute, â[n]o direct
contractual relation with the owner is necessaryâ to create a mechanicâs lien. See Karl
Krahl Excavating Co. v. Goldman, 208 N.W.2d 719, 721 (Minn. 1973); Minn. Stat.
§ 514.01. All that is necessary is âthat the improvement be made with the consent of the
owner, either express or implied.â Karl Krahl Excavating Co., 208 N.W.2d at 721.
Likewise, as the contractor correctly observes, a negligence claim is based on tort law
duties of care that may be independent of any provisions in a contract. See Pac. Fire Ins.
Co., 277 N.W. at 228.
Thus, rather than taking the circuitous route proposed by both partiesâthreading
each claim through the construction contractâwe determine that the construction project
16
itself is the relevant transaction in this case, and both claims arose out of that transaction.
We reach that conclusion based on the particular circumstances of this case, which we
outline below.
In this case, both claims arose from the same transactionâthe construction
project. In other words, as we stated in Pugh, Colemanâs negligence claim arose out of
âsome feature of the transaction upon whichâ the contractorâs mechanicâs lien claim is
grounded. Pugh, 288 N.W.2d at 705. The contractorâs mechanicâs lien claim arose from
the construction project. See Minn. Stat. § 514.01 (stating that a lien is created when a
party âcontributes to the improvement of real estate by performing labor,â or by
âfurnishing skill, material or machineryâ); see also Minn. Stat. § 514.05, subd. 1 (stating
that a mechanicâs lien attaches âfrom the time the first item of material or labor is
furnished upon the premises for the beginning of the improvementâ). And Colemanâs
negligence claim, which alleged that the contractorâs negligent work on the construction
project damaged the property, also arose from the construction project. Because both
claims arose from the same transaction, Coleman was entitled to assert the affirmative
defense of recoupment and reduce the amount of the mechanicâs lien by the amount of
damage caused by the contractorâs negligence.
Negligence has long been accepted as a basis for a recoupment defense. See
Thomas W. Waterman, A Treatise on the Law of Set-Off, Recoupment, and Counter Claim
§ 535 (2d ed. 1872) (âDamages incurred by the defendant through the negligence of the
plaintiff may be interposed by way of recoupment.â). After all, a recoupment defense
based on a partyâs negligence serves a fundamental equitable principle underlying the
17
recoupment doctrine: a defendant may, by âmeet[ing] the plaintiff on his own allegation,â
âprove that [the plaintiff] did badly what he ought to have done well.â Waterman, supra,
§ 471.5 For example, in Townshend, we held that âincompetency and negligence on the
part of defendant in the storing and keepingâ of property may be recouped against a lien
on that property. 48 N.W. at 682â83. We also have permitted the defense of recoupment
in a mechanicâs lien foreclosure action. Knutson v. Lasher, 18 N.W.2d 688 (Minn. 1945).
In Knutson, a building contractor brought a mechanicâs lien claim against multiple
landowners. Id. at 690. We held that the landowners were âentitled to assert, by way of
recoupment, a right to deductions for the damages resulting from plaintiffâs faulty
performance.â Id. at 694. Similarly, in asserting a negligence defense to the mechanicâs
lien claim here, Coleman alleged that, in building her home, the contractor did badly
what it ought to have done well. Coleman was thus permitted to defend against the
5
This 1872 treatise on recoupment describes how the doctrine works in terms of a
plaintiffâs negligence. It states:
If the plaintiffâs demand be compounded of skill and materials, and he has
greatly misconducted himselfâas where an apothecary, giving medicines on
his own judgment, and not under the direction of a physician, appears to have
been grossly negligent, this fact furnishes a defense.
Upon the same principle, if a physician sues me for services, I may give
evidence that he has treated me unskillfully. Or, if a carpenter brings suit for
work done for me, I may show that it was badly done.
So, whatever be the nature of the services for which the plaintiff demands
compensation, I may show that those services were ill performed. For, by
such evidence, I do no more than meet the plaintiff on his own allegation. I
prove that he did badly what he ought to have done well[.]
Waterman, supra, § 471 (footnote omitted).
18
mechanicâs lien claim by seeking to eliminate the lien due to the contractorâs faulty
performance.
Finally, we clarify that, even in a breach of contract action, a recoupment defense
need not arise from specific terms in the contract. We have never required a recoupment
claim to directly track âdefects that negate the contract price for the same improvementâ
or damages that can be âpaired to specific contracted-for items,â as the contractor argues
here. Nor does the reliance upon different sets of obligations itselfâfor example, a tort
law duty versus a contract dutyâpreclude two claims from arising from the same
transaction. In fact, in Pugh, we expressly rejected the requirement that a recoupment
claim must âarise directly from an obligation or covenant of the contract itself.â
288 N.W.2d at 705. Instead, we stated that recoupment is available when there has been a
breach of an âobligation connected withâ the contract. Id.
We thus reiterate the rule we set forth in Pugh: that recoupment is available in
contract actions where there has been either: (1) a breach of the contract, (2) a breach of
some divisible part of the contract, or (3) a breach of an obligation connected with the
contract. Id. In actions not based in contract, recoupment may also be available when the
defense âaris[es] out of [s]ome feature of the transaction upon which the plaintiffâs action
is grounded.â Id. (quoting Bull, 295 U.S. at 262).
In sum, because the contractorâs mechanicâs lien claim and Colemanâs negligence
claim arose from the same transactionânamely, the construction projectâColeman may
assert recoupment as a defense to the mechanicâs lien claim.
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C.
Finally, we consider whether recoupment extinguishes the contractorâs mechanicâs
lien here. The district court determined that, even if recoupment was an available defense,
it would merely reduce the amount of the contractorâs mechanicâs lien and would not
ânegate the initial lien or the right to attorneyâs fees.â Coleman, on the other hand, argues
that recoupment extinguishes the entire lien. She notes that the jury found that the
contractor breached its duty of care and awarded Coleman $278,622 in damages. Thus,
she asserts that the contractorâs mechanicâs lien on the property, which the district court
valued at $94,951.89, should be reduced to zero by the negligence damages. She further
argues that, because a mechanicâs lien operates to secure a debt, the contractor is not
entitled to a mechanicâs lien because there was no debt to secure. And because there was
no debt to secure, Coleman maintains that the district court abused its discretion by
awarding attorney fees and costs for the enforcement of a nonexistent lien. Coleman
asserts that the district courtâs decision leads to the inequitable result of requiring
Coleman to pay for the contractorâs attorney fees and costs incurred in attempting to
secure a mechanicâs lien for a debt that Coleman did not owe.
The contractor maintains that the district court correctly found that the lien amount
was merely âsatisfiedâ by the setoff against the juryâs negligence award and that the lien
was not voided. It argues that, in effect, the district court applied recoupment when it
adjusted the partiesâ damages against one another in its order for judgment. The
contractor further asserts that the entitlement to attorney fees for a mechanicâs lien is
claim-specificâthat being the âall-around winnerâ after other claims are factored in does
20
not matter. The contractor argues that it prevailed on the mechanicâs lien claim and thus
should be entitled to the associated attorney fees, even if the amount of the lien was
ultimately set off or recouped in the end.
But the contractorâs argument misapprehends the role of recoupment as an
affirmative defense. Unlike the doctrines of setoff and counterclaim, which concern how
separate competing claims are handled at the end of litigation, recoupment is an
affirmative defense. See Imperial Elevator Co., 204 N.W. at 532. As such, it affects the
outcome of the mechanicâs lien claim to which the affirmative defense was asserted. See
Rothensies v. Elec. Storage Battery Co., 329 U.S. 296, 299 (1946) (stating that
recoupment âpermit[s] a transaction which is made subject of suit by a plaintiff to be
examined in all its aspects, and judgment to be rendered that does justice in view of the
one transaction as a wholeâ (emphasis added)). Because recoupment and setoff are
distinct doctrines, the district court did not, as the contractor argues, essentially apply
recoupment when it set off the opposing claims. Accordingly, we now apply recoupment
to determine whether the contractor is entitled to a mechanicâs lien valued at $94,951.89.
We conclude that the contractor is not entitled to a mechanicâs lien because
application of the doctrine of recoupment eliminated the lien. Satisfaction of a debt
secured by a lien is a complete defense to a mechanicâs lien foreclosure action. See
53 Am. Jur. 2d Mechanicsâ Liens § 307 (2026) (âSince an indebtedness in favor of the
claimant must exist before a valid lien claim may be made, if the debt is discharged by
payment, the lien is discharged.â). This principle goes to the very nature of a mechanicâs
lienâthe lien gives the claimant a security interest in the improved property. Mensing,
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777 N.W.2d at 230. And because a security interest acts as security for a debt, when the
debt is satisfied, the lien is extinguished as well.
We applied this principle in Townshend and C. Aultman & Co. In Townshend, the
defendant claimed that it had a warehousemanâs lien on the plaintiffâs property. 48 N.W.
at 682. The plaintiff responded that negligence in the storage of that property had resulted
in damages exceeding the lien amount. Id. at 682. Applying recoupment, we concluded
that âthere was nothing due defendant on the contract for storage, and consequently there
could be no lien for storage.â Id. at 683. We stated that recoupment âwas therefore a
defense to the claim for lien, just as payment would have been.â Id. Similarly, in
C. Aultman & Co., the damages caused by the plaintiffâs breach of warranty were equal
to the amount owed to the plaintiff. 57 N.W. at 211. In such cases, we noted the
recoupment defense is a âcomplete bar to plaintiffâs action.â Id.
Likewise here, because the damages caused to Colemanâs property due to the
contractorâs negligence exceeded the