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City of Woodbury
8301 Valley Creek Road Woodbury, MN 55125 (651) 714-3500 |
Warranty Work Follow-up
A Word about Warranty Work
The City of Woodbury’s Building Inspection Department receives many inquiries from new home owners regarding warranty work. Home owners often are concerned that warranty work for their home is not being completed in a timely manner or not being completed at all. The City of Woodbury has no legal authority to require that warranty work be completed. Warranty obligations are a private matter between the builder and home owner. Home owners with complaints pertaining to warranty items may use the procedures outlined below as a guide to assist in the follow-up on home warranty items.
Understanding Your Warranty
In seeking warranty work, home owners must understand the home’s warranty and the procedures they should follow. Begin by checking the warranty information given by the builder to find out if:
- Items are covered by the home’s warranty.
- There is a waiting period required for the items, i.e., weather conditions and material availability.
- The builder requires the property owner to fill out a warranty request form or to send a letter requesting warranty work.
Minnesota State Statute, Chapter 327A, requires a warranty on new homes. The warranty is a contractual agreement between the builder and home owner and cannot be enforced by the city. The following are items covered by the state statute for warranty work:
Materials and Workmanship
During the one-year period from and after the warranty date, the dwelling shall be free from defects caused by faulty workmanship and defective materials due to noncompliance with building standards.
Plumbing, Electric, Heating and Cooling Systems
During the two-year period from and after the warranty date, the dwelling shall be free from defects caused by faulty installation of plumbing, electrical, heating and cooling systems.
Major Construction Defects
During the ten-year period from and after the warranty date, the home shall be free from major construction defects.
Getting Warranty Work Completed
Step 1: Contact the Builder
Home owners should contact the builder in writing with all unresolved warranty items. When reporting problems, include complete information such as: Name, address and phone numbers where you can be reached. A complete and specific description of the problem also should be included. For example, “Guest bath - cold water line leaks under sink” is better than “plumbing problem in bathroom.”
Arranging to have repairs performed is sometimes a difficult aspect of completing warranty items. Not everyone is comfortable with giving the builder a key for access, but this is the most efficient and effective method to provide access. Specifying a day and time during the week when someone would be available for a representative of your builder to come into the home to expedite repairs may reduce any inconveniences associated with completing necessary warranty work.
When seeking warranty work, home owners should specify the date by which they would like work completed before alternate action is taken. Give a reasonable time frame for completing work.
Step 2: Seeking Assistance
If warranty issues between the home owner and the builder are not resolved, several alternatives are available to the home owner.
Mediation Services
Mediation services may be advantageous to parties who are intent on resolving conflicting issues. Mediation is usually the best way to resolve differences and is recommended by the city. Woodbury’s Building Inspection Division will assist in arranging mediation services. The following mediation services are available to both builders and home owners:
Mediation Center for Dispute Resolution
MS - D2080
1536 Hewitt Avenue
St Paul, MN 55104-1284
Phone: (651) 523-2880
www.mediationcenterMN.org
Dispute Resolution Center
974 West 7th Street
St Paul, MN 55102
Phone: (651) 292-7791
www.disputeresolutioncenter.org
Step 3: Legal Action
After following the steps outlined above, if warranty work items remain unresolved, you may consider legal action.
Conciliation Court
Legitimate complaints may be filed in conciliation court (small claims court). The maximum amount for which you may sue currently is $7,500. Conciliation court is informal and provides an inexpensive way to bring a civil lawsuit. You may file at:
Washington County Government Center
14900 61st Street N
P.O. Box 3802
Stillwater, MN 55082
Phone: (651) 430-6264 or (651) 430-6266
South Washington County
Court Administrator
8180 Belden Blvd - Suite 113
Cottage Grove, MN 55016
Phone: (651) 430-4000
Hiring an Attorney
Hiring an attorney and filing a lawsuit is generally the least desirable and last option. The cost of the attorney often is more than the cost of the repairs. In addition, a case may take several years to settle. The disruption to the lives of the people involved should be considered before taking this course. Our experience is that people are seldom satisfied with this method.
Recovering Damages
Although the Minnesota Department of Labor and Industry licenses and regulates residential building contractors, remodelers and roofers, their authority is limited to initiating administrative disciplinary action against a contractor's license if they have engaged in a violation of law.
Minnesota Department of Labor and Industry
443 Lafayette Road North
St Paul, MN 55115-4341
(651) 284-5065 or 1-800-342-5354
www.doli.state.mn.us/rbc_complaints