Favorable Decision in Defending Construction Contractor

Keith Broady and Nick Dolejsi received a favorable court decision in defending a construction contractor from claims of construction defects. The plaintiff, a homeowners’ association for a condominium, made direct claims against both the contractor and developer alleging many construction defects. The contractor requested the court dismiss all direct claims made by the plaintiff against the contractor based on there being no contract between them and based on the contractor did not owe any duties to the homeowners’ association other than for major construction defects covered under Minnesota’s 10 year statutory warranty. Plaintiff made no claims for major construction defects. The contractor also requested all claims based on water intrusion be dismissed because of lack of any proof of water intrusion. The court granted the contractor’s motion, which eliminated the direct claims of the homeowners’ association against the contractor, and dismissed the claims related to water intrusion. The remaining direct claim against the developer is limited to peeling paint on parts of the building. The contractor continues to defend a cross-claim of the developer regarding peeling paint.