Minneapolis, MN 55402-3707
Phone: 612.333.3000
Fax: 612.333.8829
Bassford Remele is a full service litigation firm located in Minneapolis, Minnesota. Founded in 1882, the firm represents local, national and international clients in all areas of civil litigation and dispute resolution.
Press Releases
Corporate Dissolution Bars Claims of Negligence, Breach of Contract, and Breach of Statutory Homeowner Warranties
Date: April 10, 2008 — Minneapolis, MN
Bassford Remele Attorneys Dale M. Wagner and DongWook Kim obtained summary judgment for a stucco subcontractor in a residential moisture intrusion case.
In an order and memorandum filed April 2, 2008, the district court held that the homeowners’ claims of negligence and breach of contract against the stucco subcontractor were barred under Minn. Stat. § 302A.7291, subd. 3(a), because the action was commenced more than two years after the subcontractor had filed articles of dissolution. The court rejected plaintiff’s request to conduct discovery on the dissolution, finding that it had not availed itself of the opportunity to do so prior to the filing of the subcontractor’s motion.
The court also rejected plaintiffs’ claim that they could proceed against the subcontractor under the exception in Minnesota Statutes, Chapter 327A for homeowner statutory warranty claims. The court held that the subcontractor was not a “vendor” for purposes of the warranty statute because it was merely one of many subcontractors and was not involved in the sale of the home.
Mr. Wagner practices in the areas of contracts and commercial litigation, insurance law, employment, and construction law. He has been listed in the Top 40 Appellate and Top 40 Business Litigation Minnesota Super Lawyers lists.
Mr. Kim obtained his undergraduate degree from Seoul National University, majoring in political science, and graduated from the University of Minnesota Law School. He practices in all areas of civil litigation, including employment law, construction law, business litigation and professional responsibility. He is fluent in Korean.
Bassford Remele, A Professional Association, is a full service litigation firm located in Minneapolis, Minnesota. Founded in 1882, the firm represents local, national and international clients in all areas of civil litigation and dispute resolution. The Bassford firm is a community of experienced and committed trial lawyers who embrace a professional approach to the practice of law, providing the highest level of legal expertise and advice.