2007-09-03 A HOMEOWNER'S GUIDE TO CONSTRUCTION DEFECT, WATER INFILTRATION AND RESIDENTIAL STUCCO CASESProtecting 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...
2006-03-03 COMMUNITY ASSOCIATION CONSTRUCTION DEFECT CLAIMSMinnesota 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...
2006-02-05 NEW RISKS TO HOMEOWNERS IN PURSUING CLAIMS FOR CONSTRUCTION DEFECTSreal 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...
2004-10-25 NEW LAW CUTS OFF WATER INTRUSION CLAIMS REGARDING OLDER HOMESOn 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...
2004-05-14 HIGH COURT EXPANDS GROUNDS FOR CONSTRUCTION DEFECT SUITS: REVERSING THE VLAHOS CASEOn 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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