Construction Defect Notice and Opportunity to Repair Statute Amendments - 1 Passed, 1 Bogged Down, 1 Dead
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:
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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.
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Construction Law Today is a legal blog about construction contracts, disputes, finance, and the people whose job it is to deal with them.
