Deadline to Register: November 16, 2016
In August of 2016, the Court of Appeals issued a published
opinion in the case of 650 North Main Association vs. Frauenshuh, Inc., in which
the court considered for the first time the limits of developer liability for
defective buildings under the Minnesota Common Interest Ownership Act
(MCIOA). In the case, 650 North Main Association, a condominium
homeowner's association, sued the developer of the condominium, Frauenshuh, and
the general contractor, Kraus-Anderson, for defects in the condominium that had
permitted water intrusion and caused significant damage to the building.
The Association argued that the developer was liable for defects in the
condominium under MCIOA provision Minn. Stat. Sec. 515B.4-113(b), which states
that developers ("declarants") impliedly warrant the common interest community
buildings that they develop against defects. In a special verdict, the
jury concluded that there were defects and they had caused damage, but that the
developer was not liable for them. Upon motion, the district court issued
a partial JMOL, concluding that the developer was liable
for
defects in design, but not defects in construction. On cross-appeal, the Court
of Appeals, after a detailed review of the statutory history, reversed
the district court in part, concluding that JMOL was warranted
on the construction defects as well, because the developer was liable
for all the defects. The lengthy opinion addressed several key construction law questions,
including outlining the requirements for developer liability under MCIOA, the
liability of developers for architectural defects, qualifications for expert witnesses in construction cases,
jury errors of law in implied warranty cases, attorneys' fees in implied
warranty cases, and whether preparatory
construction expert witness fees could be recovered as part
of "costs" under MCIOA. The Association's attorney for the appeal, Hannah Stein, will discuss the
opinion, the case's current status, and what the opinion means for Minnesota construction
law going forward.
Registration and lunch will begin at 11:45 a.m.
Presenters:
Hannah
Stein | Attorney for Levin Law Group LLP
CLE
Credits:
1.0 Standard CLE Credit Applied For | Event
Code: 231590
Cost:
Section Member: $10
MSBA Member not in the section: $25
Non-Member: $30
Law Students: FREE
Join the Construction Law
Section and attend for FREE: $28.00 (must call to register)
Remote Participation:
Remote participation is available. Please indicate this
option when registering. Instructions will be emailed to you the week day
prior to the CLE.
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To register with a check, please mail in this registration form.
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to cancel? Please see our cancellation policy.
Questions?
Contact Shawn Carlson
| 612-278-6305