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Fuhr v. D.A. Smith Builders12/13/2005
"When the meaning of a statute's language is clear, we interpret the language according to its plain meaning without resorting to further construction." Thorson v. Billy Graham Evangelistic Ass'n., 687 N.W.2d 652, 656 (Minn. App. 2004) (citing Minn. Stat. § 645.16 (2002)).
Fuhrs further argue that Smith received written notice of the claim when it received copies of its insurer's correspondence with Fuhrs and other parties. Written notice from other parties is not sufficient under the language of the statute, which requires that the damage be reported "by the vendee or the owner to the vendor or the home improvement contractor." Minn. Stat. § 327A.03(a) (emphasis added); see also Vlahos, 676 N.W.2d at 681 (citing Minn. Stat. § 327A.03(a) and noting, in dicta, that "the owner cannot recover if the owner fails to report the loss or damage to the vendor in writing within months of discovery"). Summary judgment was appropriate on Fuhrs' breach-of-statutory-warranty claims.
III.
Fuhrs contend that Smith did not request summary judgment on all of their claims, so the district court should not have granted summary judgment on all of their claims. In its summary judgment motion, Smith argued that the two-year statute of limitations barred all of Fuhrs' claims other than those for breach of statutory warranty, which were barred by the failure to give written notice. Because summary judgment was requested and granted on all claims, Fuhrs' argument fails.
The district court also granted summary judgment on grounds independent of the statute of limitations and the written notice requirement on Fuhrs' claims of deceptive trade practices, consumer fraud, fraud, intentional misrepresentation, negligent misrepresentation, and attorney fees. Summary judgment on these other grounds was not appealed. Therefore, on remand the claims for breach of contract, breach of express warranties (to the extent that the express warranties are independent from the statutory warranty claims disposed of above), breach of implied warranties, and negligence remain for consideration.
Affirmed in part, reversed in part, and remanded.
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