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RHEE v. GOLDEN HOME BUILDERS, INC.

No. C4-00-376.

617 N.W.2d 618 (2000)

Yinsog RHEE, et al., Appellants, v. GOLDEN HOME BUILDERS, INC., Respondent, Does 1 through 5, inclusive, Defendants. Golden Home Builders, Inc., Defendant and Third-Party Plaintiff, v. Alan Henderson, d/b/a Progressive Stucco, Defendant and Third Party Defendant.

Court of Appeals of Minnesota.

October 10, 2000.

Attorney(s) appearing for the Case

Robert L. Weiner, Minneapolis, MN (for appellants)

Gregory A. Lang, Gregory A. Lang, P.A., Minnetonka, MN (for respondent)

Considered and decided by SHUMAKER, Presiding Judge, ANDERSON, Judge, and PARKER, Judge.

OPINION

SHUMAKER, Judge

The owners of a newly constructed home observed leakage from the floors and windows during heavy rains. They complained to the builder, who made repeated assurances that the defect would be repaired and tried unsuccessfully for several years to repair the problem.

When the owners sued the builder, the district court allowed the builder, without prior notice to the owners, to amend the answer so as to assert a statute-of-limitations...

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