Legal Question in Construction Law in Minnesota
Steinway
I am renting a townhome. The owner is required to belong to the townhome association (TA). The TA hired a construction company to re-side all townhomes in the association. The siding contractor hired a sub-contractor to perform the work. I received notice from the TA that the project would run from the fall of 2000 thru 8/31/01 and occupants would be notified when actual work would begin on their dwelling so that occupants could remove articles from the walls, etc. Neither myself or any of the owners/renters in my 6 unit townhouse received any notice from anyone that work was to begin. On Monday, 7/9 the siding sub-contractor began work on my unit. The worker�s pounding on the external wall caused a metal decorative plate located on the inside wall to fall on the surface of a Steinway piano and leave a gouge on the piano's surface. On 7/10 I received a notice left in my mailbox that work was beginning immediately and that I should remove anything from the walls, etc. The TA's insurance representative is stating that they are not liable because the contractor did not notify the TA of their intent to begin work. The contractor is stating that the TA is responsible because the TA should have notified occupants. Who's responsible?
1 Answer from Attorneys
Re: Steinway
Ouch! We own a Steinway ourselves and I can't imagine it getting a nasty gouge in it.
I think your best shot is against the TA because they promised to notify you of the impending work but failed to do so. The fact that the contractor failed to notify the TA is the TA's problem, not yours.
Keep in mind (this is the mealy-mouthed disclaimer part) you haven't retained me as your attorney and my tentative conclusion is reached on incomplete facts without any legal research.
Goos luck to you, and let me know if you have any questions.