Construction Defect Claims in Minnesota

For Minnesota homeowners dealing with problem contractors, contract disputes, or defect claims,  it is important to remember that statutory warranty and other protections/requirements may apply to a wide variety of situations involving residential construction work.

What are the most common claims/issues made by homeowners against their builders/contractors?

*Contractor abandons job-site

*Contract fraud/disputes

*Payment issues (subcontractor/suppliers not being paid)

*Mechanic’s Liens filed on property

*New home warranty claims (Minn. Stat. Ch. 327A):
~ one-year – defects caused by faulty workmanship and defective materials.
~ two-year – defects caused by faulty installation of plumbing, electrical, heating, and cooling systems
~ ten-year – major construction defects due to noncompliance with building standards

*Moisture intrusion/mold claims

*Building code violations, otherwise defective work, and resultant damage.

*Window installation issues (all types of siding: stucco, stone, Hardiboard, vinyl, etc.)

How can Minnesota homeowners protect their rights under the home warranty statute?

Homeowners should:

*contact the city or local building official for the exact date the Home was given its Certificate of Occupancy (date from which the warranty period likely runs).

*provide written notice to their builder within six months of discovering problems with their home.

*keep track of their builder’s corporate status (only warranty claims under Minn. Stat. 327A survive a corporation’s dissolution).

*contact the Minnesota Department of Labor and Industry for information on their contractor (including: corporate status, license and insurance information).

*contact an attorney experienced in residential construction to help protect your rights and ensure compliance with statutory technical and timing requirements.

If you have any questions regarding the Minnesota New Home and Home Improvement Warranties or your rights with regards to claims against your general contractor, contact attorney Anthony Thompson at (612)-597-4229 or online at www.MN-LAW.net

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