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An overview of litigation arising from structural problems

Acquiring a new home is a big step for almost anyone, but contracting to build a new home can be a huge undertaking for even a seasoned Minnesota homeowner. Unlike an existing home that has its own history and character, a home created from new construction can take on practically any form that its future owner desires. Finding the right builder and contractor to turn that dream home into a reality can be an difficult process, and then securing those professionals' services can require signing off on various building-related contracts.

Builders and those involved in the construction of residential real estate must abide by the building codes of the communities in which they work. However, even when a builder or contractor follows those codes, problems can come up during the production of a home. When a homeowner discovers structural problems or other issues in a newly completed house, the homeowner often has rights to pursue damages from those parties who were responsible for the home's deficiencies.

There are several different theories of recovery that individuals may use to pursue their construction law claims. They may sue based on builder negligence, if their builders failed to use the requisite standard of care needed to safely build the homes. They may also use breach of contract claims to pursue their losses if contractors or builders failed to complete the work on the home in accordance with the terms of the building contracts. Other theories, such as strict liability and breaches of warranty, may also serve as a basis for residential real estate construction claims.

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