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Minnesota Legislature

Office of the Revisor of Statutes

HF 211

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:34am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 01/21/2009
1st Engrossment Posted on 05/11/2009
2nd Engrossment Posted on 05/18/2009
Unofficial Engrossments
1st Unofficial Engrossment Posted on 05/17/2009

Current Version - 2nd Engrossment

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A bill for an act
relating to civil actions; statutory housing warranties; regulating recovery
for breaches; requiring a report; amending Minnesota Statutes 2008, section
327A.05.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 327A.05, is amended to read:


327A.05 REMEDIES.

Subdivision 1.

New home warranties.

Upon breach of any warranty imposed by
section 327A.02, subdivision 1, the vendee shall have a cause of action against the vendor
for damages arising out of the breach, or for specific performance.new text begin If the vendee is the
prevailing party, the vendee may also be awarded the vendee's costs, disbursements, and
reasonable attorney fees.
new text end Damages shall be limited to:

(a) the amount necessary to remedy the defect or breach; or

(b) the difference between the value of the dwelling without the defect and the value
of the dwelling with the defect.

Subd. 2.

Home improvement warranty.

Upon breach of any warranty imposed by
section 327A.02, subdivision 3, the owner shall have a cause of action against the home
improvement contractor for damages arising out of the breach, or for specific performance.new text begin
If the owner is the prevailing party, the owner may also be awarded the owner's costs,
disbursements, and reasonable attorney fees.
new text end Damages shall be limited to the amount
necessary to remedy the defect or breach.

Sec. 2. new text beginHOMEOWNER WARRANTY DISPUTE RESOLUTION; REPORT TO
THE LEGISLATURE.
new text end

new text begin The commissioner of labor and industry and the commissioner of commerce shall
consult with interested parties to review the homeowner warranty statutes in Minnesota
Statutes, chapter 327A, for purposes of developing a timely and prescriptive process for
resolving homeowner warranty disputes that promotes resolution of warranty claims
without litigation. The interested parties to be consulted include, but are not limited to:
new text end

new text begin (1) the construction section of the state bar association;
new text end

new text begin (2) the Builders Association of Minnesota;
new text end

new text begin (3) the Association of General Contractors;
new text end

new text begin (4) representatives of homeowners and consumers; and
new text end

new text begin (5) any other interested parties.
new text end

new text begin By January 15, 2010, the commissioner of labor and industry shall report to the chairs and
ranking minority members of the legislative committees with jurisdiction over homeowner
warranty statutes. The report must include recommendations for changes in the law to
promote resolution of homeowner warranty disputes.
new text end

Sec. 3. new text beginEFFECTIVE DATE; APPLICATION.
new text end

new text begin Section 1 is effective the day following final enactment and applies to causes of
action pending on, or commenced on or after, that date.
new text end