Warranty Claims

HELPING YOU MAKE AN INFORMED BUSINESS DECISION

Warranty Claims

In Minnesota, residential contractors are required to provide specific warranty coverage to homeowners. The statutory warranty includes required coverages and the process for making warranty claims. Contractors are legally obligated to provide warranty coverage for the entire project, including the work of their sub-contractors, which puts them at risk of being accountable for work they did not perform themselves.

Our background in law, business, and construction gives us a deep understanding of the warranty claim process. Our attorneys can help you decide whether the homeowner’s claim is viable to determine your obligation to repair.

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PROCESS

What is our process?

Step One: Learn your objectives and goals

We want to understand how you define a successful outcome. For transactional issues, what are the important issues that need to be addressed in the document we are drafting? For disputes, what is the desired resolution or outcome?

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Step Two: Understand your concerns and issues

For transactional, what have the parties agreed to and has an agreement been reached on all the key issues? For disputes, we need to know whether the contract addresses the issue, how it was addressed, who’s at fault, and what damages resulted

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Step Three: Craft the strategy

For transactional, we draft a document that will achieve the desired outcome and reflect the client’s business. For disputes, we uphold the obligations stated in the contracts and/or determine reasonable remedies for issues not addressed in the contract.

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Step Four: Implement the remedy

Following the strategy developed with and approved by the client, we move to achieve the intended result. Whether drafting a document or resolving a dispute, we’ll keep you informed on how things are going so you can focus on your business.

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Warranty Claims

Common Issues

Courts have expanded the warranty exposure of most contractors beyond the simple language of the law. Without a thorough understanding of the statutory warranty, contractors can find themselves at a significant disadvantage and exposed to expensive construction warranty claims. At MNCLS, we protect your rights as a contractor and make sure you are not held responsible for a claim that you are not liable for.

What should I do if I receive a warranty claim?

We can help you understand if your business is responsible for the issues reported under the warranty claim. From there, we will guide you through the resolution process (if applicable) or help you understand your rights as a contractor.

Even if the issue is not covered under the statutory warranty, am I still responsible for fixing it?

Ultimately, this is a business decision. Depending on the situation, it may be easier to complete the task than to dispute the claim. Doing so can strengthen your business reputation while preserving your relationship with the homeowner. Yet in some scenarios, if the cost of repair is too high and you are not responsible for the claim, you may choose not to do the repair.

If I correct the issue addressed in the claim, how do I make sure I am protected in the future?

The statutory warranty requires that you conduct an inspection and provide a plan of repair. If the inspection shows the claim is valid, the plan of repair must describe how and when the repair will be done. If the claim does not fall within the warranty, the written report must say so. The law has specific deadlines for completing the inspection and providing the plan of repair.

We can make sure your process for responding to a warranty claim meets your obligations to prevent the homeowner from filing a lawsuit.

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We eliminate the guesswork and fine print of construction law in Minnesota.

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Common Problems