ROSSO v. HALLMARK HOMES OF MINNEAPOLIS

No. A13-1304.

843 N.W.2d 798 (2014)

Philip ROSSO, et al., Appellants, v. HALLMARK HOMES OF MINNEAPOLIS, INC. d/b/a Hallmark Homes, defendant and third party plaintiff, Respondent, v. J.C. Markfort Builders, Inc., et al., Third Party Defendants.

Court of Appeals of Minnesota.

March 10, 2014.


Attorney(s) appearing for the Case

J. Scott Andresen , Mark R. Bradford , Bassford Remele, P.A., Minneapolis, Minnesota (for appellants).

Louise A. Behrendt , Garth J. Unke , Stich, Angell, Kreidler, Dodge & Unke, P.A., Minneapolis, Minnesota (for respondent).

Considered and decided by HOOTEN, Presiding Judge; HUDSON, Judge; and MINGE, Judge.


OPINION

MINGE, Judge.*

Appellant homeowners experienced moisture problems with their home and sued the builder on various theories. The district court dismissed their action, determining that the ten-year limitation on commencing claims had run. Minn. Stat. § 541.051, subd. 1(a). Because we conclude there can be "substantial completion" of construction before the issuance of a municipal certificate of occupancy, we affirm...

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