ITTEL v. PIETIG

No. A05-222.

705 N.W.2d 203 (2005)

Terry L. ITTEL, et al., Appellants, v. Jerome PIETIG, et al., defendants and third-party plaintiffs, Respondents, v. Bergstrom Stucco, Inc., third-party defendant, Respondent, and James Noreen d/b/a Noreen Construction, third-party defendant, and Bergstrom Stucco, Inc., fourth-party plaintiff, Respondent, and Scherer Bros. Lumber Co., third-party defendant, Respondent, v. David Moore, d/b/a Moore Lathing and d/b/a David Moore Stucco, fourth-party defendant, Respondent.

Court of Appeals of Minnesota.

November 1, 2005.


Attorney(s) appearing for the Case

Mark J. Johnson, Siira B. Gunderson, Gregerson, Rosow, Johnson & Nilan, Ltd., Minneapolis, MN, for appellants.

Gerald H. Bren, Jennifer R. Olson, Foley & Mansfield, PLLP, Minneapolis, MN, for respondent Pietig, et al.

Michael J. Tomsche, Teresa A. Gumerman, Tomsche, Sonnesyn & Tomsche, P.A., Minneapolis, MN, for respondent Bergstrom Stucco, Inc.

William L. Davidson, Brian A. Wood, Lind, Jensen, Sullivan & Peterson, P.A., Minneapolis, MN, for respondent Noreen d/b/a Noreen Construction.

James M. Bratulich, St. Paul., MN, for respondent Scherer Bros. Lumber Co.

Mary P. Rowe, Jardine Logan & O'Brien PLLP, Lake Elmo, MN, for respondent David Moore, d/b/a Moore Lathing and d/b/a David Moore Stucco.

Considered and decided by LANSING, Presiding Judge; KLAPHAKE, Judge; and WRIGHT, Judge.


OPINION

LANSING, Judge.

Homeowners Terry and Gina Ittel appeal from the district court's summary judgment dismissing their claims for defective construction against a vendor-contractor and its subcontractors. The Ittels acknowledge that a previous settlement agreement's general-release provisions bar the breach-of-contract and consumer-fraud claims, and we affirm the dismissal of those claims. But, because the settlement agreement is subject to the statutory...

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