Gomez v. David A. Williams Realty & Construction, Inc.

OPINION

STONEBURNER, Judge.

Appellants challenge the grant of summary judgment to respondents dismissing new-home warranty claims as barred by the statute of repose contained in Minn. Stat. § 541.051, subd. 1(a) (2004). Appellants argue that the district court (1) erred by considering the statute-of-repose defense asserted for the first time in respondent builder’s reply brief; (2) used the wrong event to trigger accrual of their warranty cause of action; and (3) erroneously concluded that their cause of action accrued more than ten years after the warranty date. We affirm the district court’s…