Minnesota Supreme Court Reviews Minn. Stat. § 541.051 “Substantial Completion” and “Discovery of the Injury” Triggers
January 4, 2016
328 Barry Ave., LLC v. Nolan Properties Group, LLC, 871 N.W.2d 745 (Minn. Nov. 25, 2015)
Contractors everywhere experienced a slight setback when the Minnesota Supreme Court issued its opinion on November 25, 2015, in 328 Barry Ave., LLC v. Nolan Properties Group, LLC. The Minnesota Supreme Court agreed with the general contractor that the statute of limitations on claims for defective construction can begin to run before substantial completion of the construction, under Minn. Stat. § 541.051; however, the court refused to expand “discovery of the injury” to include a leak, previously remedied, such that the two year statute of limitations under Minn. Stat. § 541.051, subd. 1 would bar Plaintiff’s claims.
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