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Minnesota Supreme Court Clarifies Evidence Spoliation Rules for Construction Defect Cases

by Alex Nelson MinnesotaConstruction Case Law & Statutes

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).

Minnesota HOA Avoids Liability to Unit Owner

by Alex Nelson MinnesotaConstruction Case Law & StatutesHomeowner Associations

Minnesota HOA Avoids Liability to Unit Owner by Pursuing Developer to Remedy Known Construction Defects - HOA board members faced with newly-discovered construction defects in their community often ask us things like: “What are my responsibilities to the HOA and the owners?”