Legal Question in Construction Law in Minnesota

Liability-Property Damage

I purchased a twinhome. The garage roof had a small

leak that had been reported to the condominium

association for repair by previous owners. The

condominium association bylawys make them liable

for exterior repairs-roof & siding, but not windows and

gutters. I found in the insulated exterior wall between

the house and garage black mold in the insulation. The

damage has been caused by roof leakage according to

a contractor and the severity is due to neglengece of

repair by the condo assoc. Are they not liable to fix the

walls and replace the insulation & sheetrock as well as

the roof?


Asked on 7/29/03, 11:24 am

1 Answer from Attorneys

Vincent W. King Vincent W. King, PA

Re: Liability-Property Damage

Short answer is, depends on further investigation but probably yes. Would depend on the bylaws. The contractor who did the repair may also have some exposure.

Couple of things to note: the statute of limitations for construction defects is 2 years from that date of discovery of the injury...even if the injury was 1st discovered by the prior homeowner. Given the facts of this case there may be ways around the statute if time is a problem, but better be safe by acting sooner rather than later.

Second, you describe "black mold". You need absolutely to make sure that all mold is out of the residence. Some forms of mold can be very harmful to health, even fatal. Not to be alarmist, but get someone out to do a comprehensive test on the home. This will cost ~500 to 1,000. The problem may extend further than you think, and even if it doesn't when you go to sell the place, you will need to make a truthful disclosure reagrding the existence of mold in the house. Having a report clearing the property would be most useful and would be a good investment.

CYA Language: We do not have an attorney-client relationship. You have not retained me to advise or represent you. The above comments are general in nature and based on incomplete facts; you should not rely on them. Consult with appropriate professionals.

That said, good luck to you and let me know if I can be of further assistance.

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Answered on 7/29/03, 11:54 am


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