No Warranty of Design

In response to a plaintiff’s suit against an engineer alleging breach of an express warranty, a court held that the complaint must be dismissed because the record revealed no express warranty, and if the service was performed negligently the cause of action must be...

Do Contractor’s Warranties Ever Expire?

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,...

Engineer Not Liable for Breach of Implied Warranty of Design

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...

Architect Has No Warranty Obligation to Condo Association

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,...