Construction Defects in Real Estate
Six of our attorneys are certified by the Minnesota State Bar Association as Real Property Specialists. Whether the case involves a commercial building, a high-rise project or a residential dispute, DMSHB is well-equipped to handle even the most complex construction defect litigation.
Many believed that the residential construction defect issues that riddled the news in the late 1980s through the 1990s would fade as developers/builders became more accustomed to ever changing building codes. That has not been the case. Construction defects in residential construction continue to be an on-going problem. Homeowners and associations need to be aware of what is required of them upon discovery of an injury.
Our attorneys routinely handle construction defect litigation and can assist clients in understanding what constitutes an “injury”, which in turn, triggers the need to take action. In the world of construction defects, an “injury” can be anything from a stained wall or ceiling, the presence of flies in a home, small traces of water on a window sill, sporadic water leaks in a roof, and drafts through outlets and sockets.
Questions? Call 952-432-3136.
There are five key points that homeowners and associations need to remember when potential construction defects arise. First, they need to understand what type of claims they may have. Second, they need to know what to do within six months of discovery of an injury in order to preserve potential warranty claims. Third, they need to understand that they must commence legal proceedings within two years of discovery of injury and breach of warranty, which may be two different dates. Fourth, they need to know that their claims do not last forever. Finally, they need to avoid empty promises made by the developer/builder. Read Attorney Brian Wisdorf’s Article on This Topic.