Category: Litigation

Home Improvement Warranty – Minnesota

The good news is that the economy seems to be ticking along and new home construction and remodeling jobs seem to be increasing.  But, what do you do when the work you paid for is defective?  Here in Minnesota, there are statutory warranties for newly constructed homes and remodeling work  (Minnesota Statutes Chapter 327A).  You must, however, give the contractor the ability to come and inspect the work and an opportunity to correct the defect before proceeding with a lawsuit.  When you think about it, that is only fair to the contractor.   You need to follow the obligations set forth in the statute to preserve your warranty claim.  Similarly, a contractor needs to be responsive to a homeowner’s notice or face legal action.  Don’t let your frustration and anger, and that comment goes to both the contractor and homeowner, get in the way of following the law as to warranty claims.  If in doubt, call us.  We have represented both homeowners and contractors in these types of claims.

Residential Construction Warranty

In Minnesota, if you had work done by a residential contractor and now are unhappy with their work because of some defect, you need to follow the process detailed at Minnesota Statute Chapter 327A.  In general, this means you need to give your contractor the opportunity to inspect and allow them the opportunity to repair.  The statute also provides for a dispute resolution procedure.  Oftentimes homeowners are frustrated when projects go bad, or do not meet their expectations and vow never to let “that contractor” back onto their property.  Be cautious of this reaction as it may get in the way of your ability in the future to recover damages against “that contractor”.   Call us if you have contractor problems, we can help.

You Snooze You Lose

In Minnesota as of July 1, 2014, if you were a party in a civil lawsuit and were served more than one year ago, the matter will be deemed to be dismissed with prejudice. Many creditors have sued out their claims against debtors using a process called a “pocket filing”, which means you may have been personally served but the case not filed. The rule change now requires filing of a lawsuit with the Court and a payment of a filing fee. We are all curious to see what creditors will now do in their collection efforts.

Remember, if you are served or receive something called a “Summons”, pay attention and read it. Just because it does not have a file number on it or anything reflecting that the Court has acted does not mean you can ignore it. Check with an attorney.