We buy homeowner’s insurance to protect our homes against perils. So, many homeowners are surprised to learn that their policies may exclude things that they believed were covered. For instance, many policies exclude water damage caused by defective construction. Such was the case in Friedberg v. Chubb & Son, Inc.

When it rains, it pours. And, when your neighbor’s field dike doesn’t work properly, it floods your farm. In a new decision, the Eighth Circuit addressed this important question: How long can I wait to sue my neighbor for flooding my property?  The Answer:  2 years.

Back in 1973, then Attorney General Warren Spannaus said, “Under the Minnesota lien provisions, a homeowner sometimes finds that he must compensate persons who are entirely unknown to him for their contribution to the improvement of his property—this despite his having already paid his contractor in full for the improvement.”  A law was passed to […]

Today, the Minnesota Court of Appeals, in a published decision (authored by Judge Stauber), held that, “[I]n order to provide a meaningful opportunity to correct defects, prepare for negotiation or litigation, and safeguard against stale claims…we conclude that a party must provide actual notice of the nature and timing of any action that could lead […]

Construction defect cases often pose the issue of whether they are beyond the statute of limitation because, often, defects become known gradually over time and the issue is when the plaintiff first knew or should have known about “the injury” (First sighting of a water-stain on a wall? Peeling paint? Small amount of mold? and […]

Donnelly Bros. Construction Co., Inc. v. State Auto Prop. & Cas. Co., Minn. Ct. App. A08-0457 (January 26, 2009) Though the technology may exist, it is uncommon to have sensors within the walls of buildings to determine the exact moment when there is water penetration or related damage. Water intrusion in stucco and other home […]