SF 264

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:12am

A bill for an act
relating to real estate; providing homeowners with a longer period within which
to notify contractors of construction defects; amending Minnesota Statutes 2008,
section 327A.03.

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

Section 1.

Minnesota Statutes 2008, section 327A.03, is amended to read:

327A.03 EXCLUSIONS.

The liability of the vendor or the home improvement contractor under sections
327A.01 to 327A.07 is limited to the specific items set forth in sections 327A.01 to
327A.07 and does not extend to the following:

(a) loss or damage not reported by the vendee or the owner to the vendor or the
home improvement contractor in writing within deleted text begin six months deleted text end new text begin one year new text end after the vendee or
the owner discovers or should have discovered the loss or damage;

(b) loss or damage caused by defects in design, installation, or materials which the
vendee or the owner supplied, installed, or directed to be installed;

(c) secondary loss or damage such as personal injury or property damage;

(d) loss or damage from normal wear and tear;

(e) loss or damage from normal shrinkage caused by drying of the dwelling or the
home improvement within tolerances of building standards;

(f) loss or damage from dampness and condensation due to insufficient ventilation
after occupancy;

(g) loss or damage from negligence, improper maintenance or alteration of the
dwelling or the home improvement by parties other than the vendor or the home
improvement contractor;

(h) loss or damage from changes in grading of the ground around the dwelling or the
home improvement by parties other than the vendor or the home improvement contractor;

(i) landscaping or insect loss or damage;

(j) loss or damage from failure to maintain the dwelling or the home improvement
in good repair;

(k) loss or damage which the vendee or the owner, whenever feasible, has not taken
timely action to minimize;

(l) loss or damage which occurs after the dwelling or the home improvement is
no longer used primarily as a residence;

(m) accidental loss or damage usually described as acts of God, including, but not
limited to: fire, explosion, smoke, water escape, windstorm, hail or lightning, falling trees,
aircraft and vehicles, flood, and earthquake, except when the loss or damage is caused by
failure to comply with building standards;

(n) loss or damage from soil movement which is compensated by legislation or
covered by insurance;

(o) loss or damage due to soil conditions where construction is done upon lands
owned by the vendee or the owner and obtained by the vendee or owner from a source
independent of the vendor or the home improvement contractor;

(p) in the case of home improvement work, loss or damage due to defects in the
existing structure and systems not caused by the home improvement.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment for
reporting periods that have not then expired.
new text end