Do Contractor’s Warranties Ever Expire?

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In December 2001, the Minnesota Court of Appeals issued an important decision regarding statutory home warranties in the case of Koes v. Advanced Design, Inc., 636 N.W. 2d 352 (Minn.Ct.App. 2001). The impact of this case will be felt by homebuilders across Minnesota, because it substantially extends the duration of homebuilders’ liability under the statutory [...]

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Engineer Not Liable for Breach of Implied Warranty of Design

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When an engineer designed a road that failed because the impermeability of the underlying soil caused water to accumulate between the soil and the asphalt, resulting in the road floating and the asphalt cracking, the project owner sued  for negligence and breach of implied warranty.  Because the soil condition was an unanticipated, differing site condition, [...]

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A/E not liable for negligence or negligent misrepresentation without expert testimony

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A court dismissed a developer’s suit for fraud, negligent misrepresentation, and breach of warranty against the design firm (A/E) that provided engineering and surveying services for the development of a residential community.  The developer argued that the A/E was negligent in failing to perform various tests to determine the extent to which the land was [...]

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Architect Has No Warranty Obligation to Condo Association

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When certain flooring features of a condominium project failed, the condominium homeowners association sued the project developer and the general contractor who were responsible for construction. The parties settled on a remedy for the deteriorating concrete subfloor, which involved the application of a material called Ardex K-15 over the surface of the concrete to remedy [...]

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