Legal Question in Construction Law in Minnesota

I had a licensed and insured contractor doing my roof. He had removed the roof. I told him over and over that it was going to rain. He said it was fine, wouldn't make a difference and didn't cover it. The rain came in and destroyed two of my ceilings and I fired him. Now they have to remove my ceiling I am homeless for three weeks. His insurance will cover all damage. Can I sue for personal hardship?


Asked on 7/25/14, 3:17 pm

2 Answers from Attorneys

Maury Beaulier612.240.8005 Minnesota Lawyers

You can sue for your out of pocket monetary loss - repairs and substitute housing.

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Answered on 7/25/14, 3:46 pm
Vincent W. King Vincent W. King, PA

Sorry, I'm a little late on this one; was out of the office. Generally in property damage cases you can't sue for "personal hardship" or "emotional distress" unless there's some accompanying physical effect on you and the conduct is fairly egregious. However, as Mr. Beaulier points out, you can recover all out-of-pocket costs including lodging and perhaps other items as well. It's great that the contractor's insurer is being so cooperative, but before you sign off on any releases, it may be worthwhile to just have an attorney take a quick look at the settlement agreement and review with you they types of damages you have incurred. Standard disclaimer: The comments above are based on limited facts and should not be considered legal advice. 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.

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Answered on 7/30/14, 8:01 am


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