Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                        CHAPTER 305-S.F.No. 918 
           An act relating to civil actions; providing that the 
          statute of limitations in section 541.051 governs 
          materials incorporated into an improvement to real 
          property; amending Minnesota Statutes 1992, section 
          336.2-725. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1992, section 336.2-725, is 
amended to read: 
    336.2-725 [STATUTE OF LIMITATIONS IN CONTRACTS FOR SALE.] 
    (1) An action for breach of any contract for sale must be 
commenced within four years after the cause of action has 
accrued.  By the original agreement the parties may reduce the 
period of limitation to not less than one year but may not 
extend it.  
    (2) A cause of action accrues when the breach occurs, 
regardless of the aggrieved party's lack of knowledge of the 
breach.  A breach of warranty occurs when tender of delivery is 
made, except that where a warranty explicitly extends to future 
performance of the goods and discovery of the breach must await 
the time of such performance the cause of action accrues when 
the breach is or should have been discovered.  
    (3) Where an action commenced within the time limited by 
subsection (1) is so terminated as to leave available a remedy 
by another action for the same breach such other action may be 
commenced after the expiration of the time limited and within 
six months after the termination of the first action unless the 
termination resulted from voluntary discontinuance or from 
dismissal for failure or neglect to prosecute.  
    (4) This section does not alter the law on tolling of the 
statute of limitations, nor does it apply to causes of action 
which have accrued before this chapter becomes effective.  
    The limitations in this section does do not apply to 
actions for the breach of any contract for sale of a grain 
storage structure or other goods that is are incorporated into 
an improvement to real property, except equipment and machinery. 
These actions are subject only to the statute of limitations set 
forth in section 541.051. 
    This section does not apply to claims against sellers of 
goods for damages to property caused by the goods where the 
property that is damaged is not the goods and the sale is not a 
sale between parties who are each merchants in goods of the kind.
    Sec. 2.  [EFFECTIVE DATE.] 
    Section 1 is effective the day after final enactment and 
applies to all claims commenced on or after that date.  For 
causes of action arising before the effective date of section 1 
that would have been permitted under Minnesota Statutes 1992, 
section 336.2-725, but barred by the limitation in Minnesota 
Statutes, section 541.051, the limitation under section 1 does 
not bar the claim if it is commenced before January 1, 1994. 
    Presented to the governor May 17, 1993 
    Signed by the governor May 19, 1993, 4:37 p.m.