It is illegal for an employer to classify a worker as an independent contractor if the worker qualifies as an employee. An employer also cannot make a worker an independent contractor by having workers to sign a contract saying that they are independent contractors, when in reality they are employees.
Beyond this, Minnesota's statute of limitations states that defects discovered more than 10 years after the completion of construction can not be litigated, and — more importantly — the customer must pursue litigation no more than two years after the discovery.
Minnesota's statute of repose prohibits suing a contractor for most construction defects after between 10-12 years after the home is substantially completed. First, the statute provides that a claim can be asserted only for causes of action that “accrue” during the 10 years after the home is substantially completed.
Who does not need a contractor license? Residential building contractors whose gross annual receipts from their residential activities are less than $15,000 and have a Certificate of Exemption.
Contractors looking to apply for a license will go through Minnesota's Department of Labor and Industry. General contractors will need a residential building license, while subcontractors performing work in more than one of the following trades also require a license: Excavation. Masonry/concrete.
The exam consists of 110 multiple choice questions and a score of 70% or higher is required to pass. Roughly 60% of the exam questions relate to the provisions of the Minnesota Residential Building Code and the rest relate to the statutes and rules governing the various aspects of the residential construction industry.
A State building contractor license is NOT required for work on commercial or agricultural buildings, or non-residential buildings with more than four individual units.
Handymen are exempt if making under $15,000/year in a single trade. No distinction between “major” or “minor” repairs – all handyman work over the limit requires a license. Property owners never need a license for working on their own residence.