Legal Question in Construction Law in Minnesota
Concrete step pulled from house
Three years ago we poured a concrete step per code with 11 courses of block and a footing all the way down to virgin soil. Homeowner sent a letter stating that the step pulled away from the house and if we don't tear it out and replace it they are going to pursue further legal action. Could you email me back if there are any laws against this or if the year warranty that I gave verbally is good. It seems to me that there has to be some time that they have for not pursuing anything otherwise I could have clients calling me telling me their sidewalk cracked and I should replace it.
please email me back
--name removed--
2 Answers from Attorneys
Re: Concrete step pulled from house
The question is whether or not the work performed was done pursuant to standard practices or whether it was negligently performed. If the defect sis a result of ordinary wear and tear or other issues unrelated to the workmanship, that is a defense to any construction defect claim.
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Re: Concrete step pulled from house
Under Minnesota Statute 327A.02, a home improvement is only under warranty for one year. To recover under a statutory warranty claim, the homeowner would have to show that the defect was present within the first year.