by Kent Holland | Feb 9, 2011 | Newsletter Article
In response to a plaintiff’s suit against an engineer alleging breach of an express warranty, a court held that the complaint must be dismissed because the record revealed no express warranty, and if the service was performed negligently the cause of action must be...
by Kent Holland | Feb 9, 2011 | Newsletter Article
In December 2001, the Minnesota Court of Appeals issued an important decision regarding statutory home warranties in the case of Koes v. Advanced Design, Inc., 636 N.W. 2d 352 (Minn.Ct.App. 2001). The impact of this case will be felt by homebuilders across Minnesota,...
by Kent Holland | Feb 8, 2011 | differing site conditions, Newsletter Article
When an engineer designed a road that failed because the impermeability of the underlying soil caused water to accumulate between the soil and the asphalt, resulting in the road floating and the asphalt cracking, the project owner sued for negligence and breach of...
by Kent Holland | Feb 8, 2011 | Newsletter Article
A court dismissed a developer’s suit for fraud, negligent misrepresentation, and breach of warranty against the design firm (A/E) that provided engineering and surveying services for the development of a residential community. The developer argued that the A/E was...
by Kent Holland | Feb 7, 2011 | Newsletter Article
When certain flooring features of a condominium project failed, the condominium homeowners association sued the project developer and the general contractor who were responsible for construction. The parties settled on a remedy for the deteriorating concrete subfloor,...
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