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WESTON v. McWILLIAMS & ASSOCIATES, INC.

No. A04-1251.

716 N.W.2d 634 (2006)

William B. WESTON, et al., Plaintiffs, v. McWILLIAMS & ASSOCIATES, INC., d/b/a Top Value Homes, Respondent, v. Tappe Construction, Appellant, Panelcraft of Minnesota, Inc., et al., Appellants, Windsor Window Company, Appellant.

Supreme Court of Minnesota.

June 29, 2006.

Attorney(s) appearing for the Case

Michael D. Barrett, Andrea E. Reisbord, Cousineau, McGuire & Anderson Chartered, Minneapolis, MN, for Appellant Tappe Construction.

Michael P. North, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., Minneapolis, MN, for Appellant Windsor Window Company.

Michael Tomsche, Teresa Gumerman, Tomsche, Sonnesyn & Tomsche, P.A., for Appellants Jeffrey Johnson and Panelcraft of Minnesota, Inc.

Scott M. Rusert, Andrea D. Kiehl, Flynn, Gaskins & Bennett, L.L.P., Minneapolis, MN, for Respondent.

Heard, considered, and decided by the court en banc.

OPINION

HANSON, Justice.

This appeal requires us to determine the proper application of the statute of repose to contribution and indemnity claims by a general contractor against subcontractors or material suppliers arising out of an improvement to real property. The statute of repose applicable here is the 2002 version of section 541.051, which provides in part as follows:

Except where fraud is involved, no action by any person in contract, tort...

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