Minnesota Construction Contracts Require One, Two and Ten Year Warranties

Every contractor who builds, repairs or remodelswarranty now has to be written into your
homes or apartments in Minnesota knows aboutcontract - three paragraphs of very precise
One, Two, Ten.language - one warranty for new construction and
One: Contractors have to provide at least a onea different warranty for repair or home
year warranty on materials and workmanship.improvement work. A copy of the warranty has
Two: Plumbing, electrical and HVAC work requireto be left with the property owner.
a two-year warranty.Omit the warranty from a contract and you've
Ten: Any "major construction defect" is coveredgot trouble: On new construction, leaving the
for ten years.warranty out is considered a false statement and
All this is courtesy of the Housing Statutorymakes the contractor liable for a fine up to
Warranties Act, Minnesota Statutes. Nearly all$10,000. Leaving the warranty out of a repair or
residential construction, repair and improvementhome improvement contract can draw an
work is covered, whether a home, an apartmentinvitation to discuss your license with the CCLD
or a condominium. Install roofing, siding or flooring,(Construction Codes and Licensing Division).
a window or a door and you've written a oneMinnesota's statutory warranty law has a few
year warranty. Install a water heater, a furnaceexceptions. For example, yard improvements
or a lighting fixture and your warranty runs forsuch as walkways, walls and fences don't require
two years. On new construction, room additionsa written warranty. The warranty can't be
and conversions, your warranty runs for tenwaived. But there are options if you offer
years.protection underwritten by a Minnesota home
Both the first owner and later owners arewarranty company.
covered by the warranty. After being notified ofA breach of warranty is anything that doesn't
a claim, a contractor has 30 days to do ancomply with Minnesota's building code (the IRC).
inspection and make an offer to repair. AThat's a curious definition. The building code says
contractor who refuses to make good on thealmost nothing about cosmetic defects or how
warranty will be liable for the cost of repairs andlong materials have to last or water leakage.
can be found in contempt of court.Those and other performance issues are the
Changesmost common construction defects. The IRC is
Minnesota's One, Two, Ten law changed in Augustconcerned primarily with selection of materials and
2009. Governor Pawlenty signed a bill that affectssafety, not durability and habitability. Warranty law
every home construction and home improvementin most states is based on consumer
contract in the state.Minnesota's statutoryexpectations. Not so in the Gopher State.