
Construction Defect Attorney in St Cloud
As most Minnesota construction company owners know, our state has strict residential construction building codes. Minnesota’s Department of Labor and Industry (DOL) adopts new building codes every six years and new energy codes every three. Hiring a St. Cloud construction defect lawyer from MNCLS can help you get a handle on any upcoming changes to protect your business and peace of mind.
Among the strictest construction statutes are those governing defects. Minnesota has a statute of limitations for residential construction defects. In most cases, this includes any transfer of ownership of the property.
Minnesota Construction Law Services keeps the simple simple
Choose Minnesota Construction Law Services
At MNCLS, our lawyers are unlike any other. Our attorneys have been construction workers, have owned and operated our own businesses, and have hands-on familiarity with Minnesota industry standards and codes, as well as licensing requirements imposed by the DOL.
We have experience working with contractors and subcontractors, and we have a proven track record of resolving construction defect cases in our clients’ favor.
Your reputation is your business card, and with a possible demand for over 17,000 new homes in St. Cloud over the next 15 years, you’ll want your name to be associated with quality. We can help with construction contracts that will protect your good name and satisfy the legal requirements of Minnesota state law, regional and city zoning laws, and more.
What Qualifies as a Construction Defect in Minnesota?
Construction defects are a direct result of noncompliance with Minnesota construction law. The rising cost of home-building and residential construction materials means most contractors have to either raise prices or try to find less expensive but still good-quality materials.
At MNCLS, we have the contracting experience to distinguish between what constitutes a liability for defects and what is simply a cost-cutting measure. A St. Cloud construction defect lawyer from our team can help you determine where costs can be cut and what would put you at risk for litigation, giving you the right partnership to help you do great work for your client.
According to Minnesota Statute 327A.02, a construction defect can involve one or all of the following problems:
- Faulty workmanship and defective materials. These defects are usually a result of noncompliance with building standards.
- Faulty installation of systems. This includes electrical, plumbing, cooling, and heating systems that are not installed in compliance with building standards.
- Major construction defects. Damage to the load-bearing portion of a dwelling during home construction or renovation. This can include damage due to the lateral movement of soil, but does not include movement of soil due to a natural disaster.
The statute also indicates a one-year, two-year, and 10-year warranty period for each type of defect, respectively. However, Minnesota Statute 541.051 gives clients up to two years to file their complaint.
Hire a St. Cloud Construction Defect Lawyer to Protect Your Interests
With a 2-year complaint period for certain defects and a 10-year warranty period for others, MNCLS understands that your hard work is under scrutiny for up to a decade. However, clients must go through a multi-step process to allow you a chance to remedy the issue before taking legal action.
A St. Cloud construction defect lawyer from our firm can support you so that you can spend your valuable time working on the next project instead of worrying about the last one.
Starting with a contract that sets expectations for your services and helps the client understand what faulty construction looks like, we can help you prevent frivolous or false claims of negligence. If a dispute arises about a defect, we are prepared to use our experience in mediation and arbitration to resolve the matter without going to the conciliation court or the Stearns County District Court for full litigation.
We are trusted because we have construction industry, business, and law experience, and we can leverage that knowledge to help you with your case.
FAQs
Clients can prove negligence in a construction defect case by showing the following:
- There was a duty of care or legal obligation to provide services that another professional in the same field would acknowledge as the standard of care.
- The contractor either failed to adhere to the contract or failed to act with reasonable care.
- The alleged breach of duty caused damage, loss, or injury.
- There were monetary damages caused by the breach of care.
To keep a client from taking legal action, you should ensure you are available to answer questions and address concerns from your clients in a timely manner. Writing a clear, concise contract can also maintain working relationships by providing a map for both the client and the contractor.
If communication fails, a St. Cloud construction defect lawyer can arbitrate to reach a beneficial solution for both parties, allowing your business to satisfy the client and maintain its good reputation, avoiding expensive litigation whenever possible.
An example of a construction defect claim can range from improper shingle installation to foundation cracking. An illegitimate defect claim could be something like a hole banged into a plaster wall by the occupant, water damage caused solely by our average 7 to 12 inches of snow in winter and not by the construction of the home, or an aesthetic complaint about siding that follows building codes and is not prohibited by the contract.
You should hire a St. Cloud construction defect lawyer the instant you become aware that your client is concerned about a possible defect, if not before. Having a team that can help you investigate your options and communicate with the client is smart planning. An attorney from MNCLS can work with you to get clarity, resolve the matter, and maintain a relationship with your client. We can also work to notify the insurer of the defect claim if and when it happens.
Minnesota Construction Law Services Is Here for You
In a construction defect case, your reputation and business may be on the line. It pays to hire an attorney who understands construction law and the construction business. Contact Minnesota Construction Law Services today, and let us help defend your business and protect your reputation.