Construction Defects and Disputes – Focus on the Right to Inspect and Repair

When a construction defect arises, tensions between the parties inevitably rise too. The builder is defensive. Their reputation is on-the-line. The project owner—whether a commercial developer or the owner of a new “dream home”— is upset. Their project did not go as planned. Among the first questions asked are (1) whether the owner has any warranty rights, and (2) whether the builder has the right to repair the defect, even if the owner would prefer not to allow the builder back on-site. Many times, both sides are quick to seek an amicable resolution to avoid a fight. Both sides want to complete the project and move on. Too often, however, the parties forget (or ignore) critical inspection and evidentiary preservation issues, which can create lasting repercussions in litigation if the defect is not remedied.  This presentation will begin with a brief overview of construction warranties in Minnesota, followed by an in-depth discussion of a builder’s right to inspect and repair a defect, as well as the parties’ joint obligation to preserve evidence.

– Kyle W. Ubl; Fredrikson & Byron, P.A.
– Mark W. Vyvyan; Fredrikson & Byron, P.A.

Webcast also included in the following webcast packages:
June Webcast Extravaganza
Hot Topics in Real Estate Law Webcast Series