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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2004-05-14

HIGH COURT EXPANDS GROUNDS FOR CONSTRUCTION DEFECT SUITS: REVERSING THE VLAHOS CASE

On April 1, 2004, the Minnesota Supreme Court reversed two lower court decisions that had previously impaired or eliminated many property owners' rights to pursue damages against their builders for water intrusion, rot and deterioration, and mold.  Both of the lower courts had previously struck down the plaintiff's claims against the builder of his home, ruling that the statute of limitations to sue the builder had expired.  The Supreme Court reversed those rulings, and ordered that the case be...
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2004-02-19

BARRING CLAIMS AGAINST CONTRACTORS: THE VLAHOS CASE

The Minnesota Court of Appeals recently issued a decision limiting the ability to bring claims against construction contractors. Specifically, in Vlahos v. R & I Construction of Bloomington, Inc., the Minnesota Court of Appeals struck down the plaintiffs’ claims against the builder of plaintiffs’ home based upon the fact that the statute of limitations had expired. The case is currently being reviewed by the Minnesota Supreme Court, but if affirmed represents a monumental...
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2004-02-19

THE RIGHT TO COMPLETE YOUR JOB

Final payment and punch list items are often problems at the end of a project. Although the project is substantially complete, a property owner might refuse to make final payment based upon some relatively minor punch list work. When the contractor attempts to address the alleged issues, the property owner might deny the contractor access to the property and refuse to pay the balance of the contract price.

All contractors should be aware that they do have the right to enter the premises to cure...
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