Areas of Focus

Appeals

Business Torts and Unfair Competition

Commercial Litigation

Conciliation Court

Construction Defects

Contract Disputes

Debt Collection

Defamation

Employment Litigation

Environmental Litigation

Harassment Restraining Orders

Intellectual Property Litigation

Manufacturing Disputes

Shareholder Litigation

Trade Secret Misappropriation

At Dougherty, Molenda, Solfest, Hills & Bauer P.A., we bring deep expertise and a rigorous understanding of real estate law to the table. Several of our attorneys are certified as Real Property Specialists by the Minnesota State Bar Association, showcasing our ability to handle complex construction defect litigation across a variety of projects—from commercial buildings and high-rise constructions to residential disputes.

The Persistent Challenge of Construction Defects

Despite expectations that residential construction defects would decrease with more stringent building codes, the reality tells a different story. From the late 1980s through the 1990s to today, construction defects in residential properties remain a significant issue. These defects not only compromise the integrity of a home but also pose ongoing challenges for homeowners and housing associations.

Recognizing and Addressing Construction Defects

Understanding what constitutes a "construction defect" and recognizing an "injury" is crucial. In the context of construction law, an "injury" could range from aesthetic damage like stained walls to more severe issues like water leaks or structural drafts. Our attorneys are skilled in identifying these problems and advising on the immediate steps required to address them.

Important Steps for Homeowners and Associations

When facing potential construction defects, there are essential actions and deadlines you must be aware of:

  1. Identify Your Claims: Understand the nature of the defects and the claims that might arise from them.

  2. Act Quickly: You potentially only have six months from the discovery of an injury to preserve potential warranty claims. Minn. Stat. Sec. 327A.02.

  3. Legal Timelines: Initiate legal proceedings within two years of discovering the injury and breach of warranty, which may fall on different dates.

  4. Statute of Limitations: Be aware that claims have a finite period in which they can be filed. Do not delay in taking action.

  5. Beware of Builder Promises: Avoid relying solely on assurances from developers or builders without legal consultation.

Learn More

To learn more about the construction defect services we provide, please call us at 952-432-3136 or, if you prefer, contact us using our online form.