An Overview of Minnesota Statutes of Limitation and Repose in Construction Defect Lawsuits

by Alex Nelson

The Statutes of Limitation and Repose outline the time-frames within which a construction defect action must be brought. A claim not filed or properly asserted within the applicable time period is considered “time barred’, or “stale”, and is subject to dismissal in its entirety.

Minnesota Supreme Court Clarifies Evidence Spoliation Rules for Construction Defect Cases

by Alex Nelson

To repair or not to repair? This is a common question facing many construction defect victims. When weighing your options, make sure that potential “evidence spoliation” is on your list of considerations. If you fix your defects without giving adequate notice to others, thereby “destroying the evidence”, it may come back to bite you later in litigation. The Minnesota Supreme Court gave some recent guidance on the issue in the case of Miller v. Lankow, 801 N.W.2d 120 (Minn. 2011).