Building Lasting Relationships!
Welcome Home to a better way of building, with White Pine Builders (WPB). We can handle all of your home improvement needs, or build the Home of you Dreams.
Feel free to contact us at any time!
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Building Lasting Relationships! Welcome Home to a better way of building, with White Pine Builders (WPB). We can handle all of your home improvement needs, or build the Home of you Dreams. Feel free to contact us at any time!
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OUTLINE OF NEW HOUSING AND HOME IMPROVEMENT WARRANTIES
I. IMPLIED WARRANTIES
A. Every contract to build or remodel a home in Minnesota, even if there is no written contract, has implied warranties. In summary, they are as follows:
1. One year -- fix anything that goes wrong.
2. Two years -- covers HVAC, electric and plumbing, and
3. Ten years -- major construction defects
II. NEW DWELLINGS (New Construction)
A. Warranties apply only to dwellings constructed for the purpose of habitation.
B. To be subject to the new dwelling warranties, the structure must not have been previously occupied.
C. Substance of the warranties:
1. The statute provides that each new dwelling shall remain free from defects caused by "faulty workmanship and defective materials due to noncompliance with building standards" for a period of one year after the warranty date.
2. The statute imposes a two-year warranty that the new dwelling shall be free from defects caused by faulty installation of plumbing, electrical, heating, and cooling systems.
3. The statute provides that each new dwelling shall be free from major construction defects for a period of ten years. Major construction defects are defined as "actual damage to load-bearing portions of the dwelling, including damage to subsidence and lateral support, not due to said movement caused by floods, earthquakes, or other material disaster.
III. HOME IMPROVEMENT (Remodeling)
A. Where the home improvement consists of a major structural change or an addition to a residential building, the statutory warranties are the same as those implied in the new dwellings section.
B. Where the home improvement does not involve an addition or major structural change, only the one-year implied warranty is effective.
C. If the home improvement consists of plumbing, electrical, heating or cooling system, only the two-year warranty applies.
IV. PROVISIONS AFFECTING BOTH THE NEW DWELLING AND THE HOME IMPROVEMENT SITUATIONS
A. Lack of privity is no defense. The statutory warranties provided by the statutes survive the passing of legal or equitable title in the dwelling to the vendee (owner or buyer)
B. The date of the warranty becomes effective for a new dwelling is the earlier of:
1. The date of the initial vendee's first occupancy of the dwelling, or
2. The date on which the initial vendee takes legal title or equitable title in the dwelling.
C. In the case of a home improvement, a warranty date is the date on which the home improvement work was completed.
D. The statutory warranties cannot be waived absent the provision of equivalent warranties, and such equivalent warranties are approved by the commissioner.
V. EXCLUSIONS
A. In order for the warranties to be effective, the vendee must notify the builder of the loss or damage in writing within six months after the vendee discovers or should have discovered the loss or damage.
B. The warranties do not apply to personal injury caused by the defect or to damage caused to other property by the defect.
C. Warranties do not apply to defects in design, installation or materials which the owners supplied or installed under his own direction.
D. Warranties do not apply to loss or damage from normal wear and tear.
E. Warranties do not apply to loss or damage caused by normal shrinkage by drying of the dwelling or home improvement within building standard tolerances.
F. Warranties do not apply to loss or damage from dampness and condensation due to insufficient ventilation after the occupancy.
G. Warranties do not apply to loss or damage from negligence or improper maintenance or alteration of the dwelling by the owner or someone other than the builder.
H. Warranties do not apply to loss or damage from changes in grading by the owner or someone other than the builder.
I. Warranties do not apply to landscaping or insect damage.
J. Warranties do not apply to loss or damage from failure to maintain the dwelling or home improvement in good repair.
K. Warranties do not apply to loss or damage which the owner, when feasible, failed to minimize.
L. Warranties do not apply to loss or damage which occurs after the home is no longer used as a primary residence.
M. Warranties do not apply to actual loss or damage generally designed as "acts of God" so long as the damage is not caused by failure to comply with building standards.
N. Warranties do not apply to loss or damage due to soil conditions where the owner purchased the land from someone other than the builder and had the builder construct the home on the property.
O. Warranties do not apply in cases of home improvement work, loss or damage due to defects in existing structure not caused by the home improvement.
P. WARNING: The legislature is considering removing several of these exclusions, particular the ones dealing with moisture problems in the home.
VI. REMEDIES
A. Damages for breach of new dwelling warranties are limited to:
1. The amount necessary to remedy the defect or breach; or
2. The difference between the value of the dwelling without the defect and the value of the dwelling with the defect.
B. Damage for breach of home improvement warranties are limited to:
1. The amount necessary to remedy the defect or breach; or
2. Specific performance. |
Send mail to webmaster@whitepinebuilders.com with questions or comments about this web site.This Web Site was designed and promoted by James P. Yurrick Web Services White Pine Builders General Contractors License # 20180276
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