What legal claims can I make?

We have two major legal theories under which we can pursue contractors in Minnesota:  Statutory Warranty, and Negligence.

The warranty statute is Sec. 327A.01 et seq.  To read it, go to http://www.leg.state.mn.us/leg/statutes.asp and fill in the section number where requested.  It provides a 1-year warranty for everything, a 2-year warranty for plumbing, electrical and HVAC (heating, ventilating, air conditioning) work, and a 10-year warranty for major structural defects.  In spite of the three separately stated warranty periods, you still have two years from the time when you discovered that your contractor would not or could not honor the warranty to bring suit, assuming you have given the required written notice, and that you are still within the “statute of repose” limitations (see How Long Do I Have To Sue above).  Under the warranty statute you can collect only for your property damage.  Illnesses or injury claims are not covered by the statutory warranty.  The statute also applies only to the builder/vendor.  Thus, attempted claims against subcontractors under this statute may not be valid.

In addition to the warranty statute, you can also claim that the contractor was “negligent” in building your home.  Negligence claims can be made against the subcontractors as well as the general contractor, and can include claims for your illness or personal injury as well as your property damage.  Negligence is the failure of a person to do what a reasonable and prudent person would have done under the circumstances. 

In most cases your attorney will want to include both theories in the lawsuit. 

Jacobberger, Micallef & Associates, LLC
PO Box 202093
Bloomington MN 55420
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2701 Overlook Drive
Bloomington MN 55431
651-223-5340
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Located in Bloomington, Minnesota, Jacobberger, Micallef & Associates, LLC proudly serves clients throughout the counties of Dakota, Hennipen, Washington, Carver, Ramsey, Scott, and Wright, including the cities of Minneapolis, St. Paul, Mankato, Duluth, St. Cloud, Rochester, as well as the entire Twin Cites Metro Area & Greater Minnesota.