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Merritt v. Mendel1/18/2005
of contract contained in Minn. Stat. § 541.05 (2002) applies.
"Improvement" is defined in caselaw as "a permanent addition to or betterment of real property that enhances its capital value and that involves the expenditure of labor or money and is designed to make the property more useful or valuable as distinguished from ordinary repairs." Taney v. Indep. Sch. Dist. No. 624, 673 N.W.2d 497, 504 (Minn. App. 2004), review denied (Minn. Mar. 30, 2004) (quoting Kloster-Madsen, Inc. v. Tafi's, Inc., 303 Minn. 59, 63, 226 N.W.2d 603, 607 (1975) (deciding the meaning of "improvement" in the context of mechanic liens); see also Pac. Indem. Co. v. Thompson-Yaeger, Inc., 260 N.W.2d 548, 554 (Minn.1977) (applying the same definition of "improvement" in the context of Minn. Stat. § 541.051)). The definition also includes the requirement that "to be a permanent addition to or betterment of real property, it must be integral to and incorporated into the building or structure on the property." Id. (quotation omitted). Courts will use a "common sense" approach when determining whether something is an improvement under section 541.051. Williams v. Tweed, 520 N.W.2d 515, 518 (Minn. App. 1994), review denied (Minn. Oct. 27, 1994). "Moreover, section 541.051 is to be construed so that the plain meaning applies, without resort to technical legal constructions of its terms." Id.
When comparing ordinary repairs and improvements, this court has stated that "merely restoring, not increasing, the value and utility" of an item is not an improvement. Hartford Fire Ins. Co. v. Westinghouse Elec. Corp., 450 N.W.2d 183, 186 (Minn. App. 1990), review denied (Minn. Mar. 22, 1990). Appellants cite to several cases, which involved a new addition to property, and argue that those cases, as did their 1979 addition, involved obvious improvements, while re-roofing an existing structure is only a repair. We disagree. Common sense dictates that new roofing is an enhancement involving the expenditure of labor and money, integral to and incorporated into the structure, and designed to make the property more useful and more valuable.
DECISION
The district court did not err by concluding that replacement of a roof covering is an improvement to real property and dismissing appellant's claim as barred by the two-year statute of limitations contained in Minn. Stat. § 541.051.
Affirmed.
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