HF 3087

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to school buildings; requiring a ten-year 
  1.3             warranty on school building construction and repair; 
  1.4             proposing coding for new law in Minnesota Statutes, 
  1.5             chapter 123B. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [123B.525] [CONSTRUCTION CONTRACT WARRANTIES.] 
  1.8      Subdivision 1.  [WARRANTIES BY VENDORS.] In a contract for 
  1.9   the construction, alteration, or repair of a school building, 
  1.10  the estimated cost or value of which exceeds $10,000, the 
  1.11  contractor must warrant to the school district that during the 
  1.12  ten-year period from and after the warranty date, the work 
  1.13  performed by that contractor shall be free of major construction 
  1.14  defects and defects caused by faulty workmanship, defective 
  1.15  materials, or faulty installation of plumbing, electrical, 
  1.16  heating, and cooling systems due to noncompliance with building 
  1.17  codes and industry standards.  The provisions of this section 
  1.18  may not be waived or modified by contract or otherwise. 
  1.19     Subd. 2.  [EXCLUSIONS.] The liability of a contractor under 
  1.20  this section is limited to the specific items set forth in this 
  1.21  section and does not extend to the following: 
  1.22     (1) loss or damage not reported by the school district to 
  1.23  the contractor in writing within six months after the district 
  1.24  discovers or should have discovered the loss or damage; 
  1.25     (2) loss or damage caused by defects in design, 
  2.1   installation, or materials which the school district supplied, 
  2.2   installed, or directed to be installed; 
  2.3      (3) secondary loss or damage such as personal injury or 
  2.4   property damage; 
  2.5      (4) loss or damage from normal wear and tear; 
  2.6      (5) loss or damage from negligence, improper maintenance, 
  2.7   or alteration of the school building by parties other than the 
  2.8   contractor; 
  2.9      (6) loss or damage from changes in grading of the ground 
  2.10  around the school building by parties other than the contractor; 
  2.11     (7) loss or damage from failure to maintain the school 
  2.12  building in good repair; 
  2.13     (8) loss or damage which the school district, whenever 
  2.14  possible, has not taken timely action to minimize; 
  2.15     (9) accidental loss or damage usually described as acts of 
  2.16  God, except when the loss or damage is caused by failure to 
  2.17  comply with building codes and standards; or 
  2.18     (10) in the case of repair or alteration, loss or damage 
  2.19  due to defects in the existing structure and systems not caused 
  2.20  by the repair or alteration. 
  2.21     Subd. 3.  [REMEDIES.] Upon breach of a warranty imposed by 
  2.22  subdivision 1, the school district shall have a cause of action 
  2.23  against a contractor for damages arising out of the breach, or 
  2.24  for specific performance.  Damages shall be limited to the 
  2.25  amount necessary to remedy the defect or breach. 
  2.26     Sec. 2.  [EFFECTIVE DATE.] 
  2.27     Section 1 is effective August 1, 2002 for contracts entered 
  2.28  into on or after that date.