Legal Question in Construction Law in Minnesota

Re: error in construction

Sounds to me as though you may well have a claim, but of course it depends on what the contract says, the facts, and so forth. Certain things could preclude a claim -- if, for example, the house could not be built where shown on the plans due to city setback requirements, etc. Of course, even if the setback requirements prevented the house from being built as shown, there could be recourse. Again, it is all very fact-specific.

As for whether the contractor's insurance covers this, I would need to check but I am pretty sure that the typical general liability insurance policy will not cover this kind of mistake. If the contractor or his designer or surveyor carries a professional liability policy, there might possibly be some coverage. Unless the contractor is a relatively large company, the existence of insurance coverage for his mistake will of course be a big factor in your decision whether to proceed.

Sorry the answers are so equivocal; but I've handled construction cases for more than 20 years and have seen results all over the map even when the facts seem very similar. So a complete answer would require a careful review of all the facts and even then, it is likely that the opinion will be somewhat speculative...but, after such a review, a construction lawyer ought to be able to tell you whether your chances an court or arbitration are better- or worse-than-even.

Standard disclaimer: The above is given based on limited facts and information presented. Conclusions may differ significantly based on different facts. We do not have an attorney-client relationship.

That said, good luck to you and let me know if I can be of further assistance. As I mentioned, I do quite a bit of this type of work and would be glad to discuss it with you further.

Best regards, Vince King