2007 Minnesota Statutes

327A.01 DEFINITIONS.
    Subdivision 1. Scope. As used in sections 327A.01 to 327A.07, the terms in this section shall
have the meanings assigned to them.
    Subd. 2. Building standards. "Building standards" means the materials and installation
standards of the State Building Code, adopted by the commissioner of labor and industry pursuant
to sections 16B.59 to 16B.75, in effect at the time of the construction or remodeling.
    Subd. 3. Dwelling. "Dwelling" means a new building, not previously occupied, constructed
for the purpose of habitation; but does not include appurtenant recreational facilities, detached
garages, driveways, walkways, patios, boundary walls, retaining walls not necessary for the
structural stability of the dwelling, landscaping, fences, nonpermanent construction materials,
off-site improvements, and all other similar items.
    Subd. 4. Initial vendee. "Initial vendee" means a person who first contracts to purchase a
dwelling from a vendor for the purpose of habitation and not for resale in the ordinary course of
trade.
    Subd. 5. Major construction defect. "Major construction defect" means actual damage to
the load-bearing portion of the dwelling or the home improvement, including damage due to
subsidence, expansion or lateral movement of the soil, which affects the load-bearing function
and which vitally affects or is imminently likely to vitally affect use of the dwelling or the home
improvement for residential purposes. "Major construction defect" does not include damage due
to movement of the soil caused by flood, earthquake or other natural disaster.
    Subd. 6. Vendee. "Vendee" means any purchaser of a dwelling and includes the initial
vendee and any subsequent purchasers.
    Subd. 7. Vendor. "Vendor" means any person, firm or corporation which constructs dwellings
for the purpose of sale, including the construction of dwellings on land owned by vendees.
    Subd. 8. Warranty date. "Warranty date" means the date from and after which the statutory
warranties provided in section 327A.02 shall be effective, and is the earliest of
(a) The date of the initial vendee's first occupancy of the dwelling; or
(b) The date on which the initial vendee takes legal or equitable title in the dwelling.
In the case of a home improvement, the warranty date is the date on which the home
improvement work was completed.
    Subd. 9. Home improvement. "Home improvement" means the repairing, remodeling,
altering, converting or modernizing of, or adding to a residential building. For the purpose of
this definition, residential building does not include appurtenant recreational facilities, detached
garages, driveways, walkways, patios, boundary walls, retaining walls not necessary for the
structural stability of the building, landscaping, fences, nonpermanent construction materials,
off-site improvements, and all other similar items.
    Subd. 10. Home improvement contractor. "Home improvement contractor" means a person
who is engaged in the business of home improvement either full time or part time, and who holds
out to the public as having knowledge or skill peculiar to the business of home improvement.
    Subd. 11. Owner. "Owner" means any person who owns a residential building on which
home improvement work is performed, and includes any subsequent owner of the residential
building.
History: 1977 c 65 s 1; 1981 c 119 s 1-5; 1986 c 444; 2001 c 207 s 8; 1Sp2003 c 8 art 1 s
12; 2007 c 140 art 12 s 12