2008-09-24

CONSTRUCTION DEFECTS TOPIC AT MIDWEST HOME FALL HOME & GARDEN SHOW

Hellmuth & Johnson is partnering with award-winning design and build firm College City Homes and Remodeling at the upcoming Midwest Home Fall Home & Garden Show, held at the Minneapolis Convention Center from October 3-5, 2008. 

During the course of the three-day expo, the firm will offer information on legal issues related to both consumers and the building trades.  On Sunday, October 5 at 12:00 p.m., attorney Christopher Jones - in conjunction with...
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2007-09-03

A HOMEOWNER'S GUIDE TO CONSTRUCTION DEFECT, WATER INFILTRATION AND RESIDENTIAL STUCCO CASES

Protecting Your Rights: The Most Important Issues Facing Homeowners 

Claims by Minnesota homeowners against builders can generally be divided into two main types.  They are New Home Warranty Claims, described in Minnesota Statutes Section 327A.02, et seq., and non-warranty claims, such as Negligence or Breach of Contract.  Individuals faced with construction defects in their homes, whether related to water intrusion or other damage, must be aware of strict time...
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2007-07-27

APPEALS COURT CLARIFIES DEFECTS CLAIM NOTICE REQUIREMENTS

Two recent cases from the Minnesota Court of Appeals clarified how notice must be provided to the builder before a homeowner can pursue a statutory warranty claim for defective construction.  As background, the statute involved requires a homeowner to provide notice to the builder within six months of the date of discovery of defective work.First, the Court of Appeals ruled that service of a detailed summons and complaint (which included a detailed inspection report) complied with the 6-month written notice...
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2007-07-16

WHAT EVERY MINNESOTA HOMEOWNER SHOULD KNOW ABOUT CONSTRUCTION DEFECTS AND WATER INTRUSION IN RESIDENTIAL PROPERTIES

Literally thousands of Minnesota homes built in the past decade have experienced water intrusion problems, causing an explosion in residential construction defect litigation.  While the debate continues as to who is at fault, there is little debate that construction defects have resulted in millions of dollars in damages statewide.  Today it is not uncommon for a home that suffers from water infiltration to require hundreds of thousands of dollars of repairs. 

Since there are strict...
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2007-03-29

CONSTRUCTION DEFECTS OR ROUTINE REPAIRS?

A Protocol Primer for Community Association Property Managers

The construction boom of the 1990s and the early part of this decade has resulted in a number of issues affecting the role of the property manager.  First, and perhaps foremost, the "boom" resulted in the appearance of many new properties subject to the Minnesota Common Interest Ownership Act -- vesting property managers with more work to do and more clients to serve.  At the same time, a secondary result of the...
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2006-11-13

HOME INSPECTIONS: A PRIMER

Should a prospective homebuyer hire a professional home inspection company? Due to significant legal implications, this decision is always best left to the homebuyers themselves.  Real estate professionals face potential liabilities for recommending that an inspection go forward at all when the inspection is used against the homebuyer in subsequent litigation, and often times, for recommending specific inspectors who fail to properly inspect the home.

Inspection companies and, in particular,...
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2006-03-03

COMMUNITY ASSOCIATION CONSTRUCTION DEFECT CLAIMS

Minnesota community associations often face construction defect issues arising out of original construction and improvement projects.  This article discusses basic legal principles related to those construction defect claims. 

A wide array of statutes apply to construction defect claims by Minnesota community associations.  Minnesota Statutes Chapter 327A provides a statutory basis for pursuing breach of warranty claims by a homeowner, including community associations on behalf of its...
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2006-02-05

NEW RISKS TO HOMEOWNERS IN PURSUING CLAIMS FOR CONSTRUCTION DEFECTS

real estate agents are often involved in the discovery of construction defects by their clients during the purchase agreement and inspection phase of a real estate transaction.  The Minnesota Supreme Court recently decided the case of Camacho v. Todd and Leiser Homes, A04-599, filed November 23, 2005, which directly affects some homeowners with construction defect claims.  Specifically, the Camacho decision acts to bar homeowner claims against builders and subcontractors who dissolve...
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2005-02-11

MINNESOTA COURTS AND LEGISLATURE CLARIFY CONSTRUCTION DEFECT LAWS

Last year, a major construction defect case was decided by the Minnesota Supreme Court.  In addition, the Minnesota Legislature enacted a new statute of repose, clarifying divergent Court decisions on the issue.  The Court decision and new statute provide clarification to property owners, construction contractors, attorneys and judges. 

The Vlahos Decision

Last summer, the Minnesota Supreme Court decided the Vlahos v. R&I Construction of Bloomington,...
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2004-10-25

NEW LAW CUTS OFF WATER INTRUSION CLAIMS REGARDING OLDER HOMES

On May 15, 2004, Governor Pawlenty signed a bill that could dramatically impact the rights of owners of older homes affected by water intrusion problems.  A new law becomes effective August 1, 2004, amending the law regarding the statute of limitations for new home warranty claims.  The new law makes the time window to sue on a new home warranty claim a maximum of 12 years from the "warranty date," which is the earlier of the date original the owners took title or moved in.  This law is...
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