Construction Law Today : Construction Lawyer & Attorney : Joshua Glazov : Design Build Contracts, Construction Bankruptcy

In a post last week I mentioned that the the Minnesota legislature passed bill HF420 amending amendments to Minnesota's Notice and Opportunity to Repair Law and sent them for Governor Pawlenty to sign.  Kevin Duchschere of the Star Tribune reported in an article this afternoon that the governor vetoed HF420.  It's now back to the legislature to see if they can muster up enough votes to override the governor's veto.

• Email This
• Print
• Comments
• Share Link

In the last post I mentioned that amendments to Nevada's Notice and Opportunity to Repair law (SB349) might not pass this year.  According to the Mercury News's Home Defect, Malpractice Bills Die article today, they won't.

• Email This
• Print
• Share Link

Since the building boom that started in the mid-1990's, Minnesota, Nevada, and Colorado each enacted Notice and Opportunity to Repair statutes ("NOR Statutes") intended to reduce the volume and expense of residential construction defect litigation.  This past legislative season, legislatures in each of these states considered bills to amend their NOR Statutes.  One passed, one may pass, and the other died in committee.     

Minnesota

The Minnesota Legislature passed a bill (HB420) amending Minnesota's NOR Statute. This bill makes the following changes to Minnesota's NOR Statute:

• Construction contracts must re-state the statutory warranties already imposed under Minnesota's NOR Statute.
• The statutory warranties are non-waiveable.  Regardless of what language there is a construction contract, or other agreement between a contractor and an owner, attempted waivers of these warranties is void.   

The Minnesota Legislature sent this bill to Governor Pawlenty.  If he signs this bill, it will become law on August 1, 2009.
Continue Reading...

• Email This
• Print
• Share Link