Construction Contract Form Withdrawal In Minnesota
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FAQ
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.
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.
The common method of contract termination is satisfactory fulfillment of all contractual obligations on the part of both parties. Another two typical bases for termination of contract is material breach of contract and default, or failure to perform under the contract.
A contractor who contracts with any subcontractors or material suppliers to provide labor, skill or materials for the improvement shall upon request provide the subcontractor or material supplier with the name and address of the owner within 10 days of the initial request.
Minnesota's civil statute of limitations sets time limits for filing lawsuits to ensure timely and reliable adjudication. Personal injury and wrongful death claims must be filed within two years, while breaches of contract have a six-year limit.
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.
A legally enforceable contract must include an offer, acceptance, consideration, capacity, legality, and mutual assent.
Contact us at dlintractor@state.mn or 651-284-5069.
