Ittel v. Pietig

OPINION

LANSING, Judge.

Homeowners Terry and Gina Ittel appeal from the district court’s summary judgment dismissing their claims for defective construction against a vendor-contractor and its subcontractors. The Ittels acknowledge that a previous settlement agreement’s general-release provisions bar the breach-of-contract and consumer-fraud claims, and we affirm the dismissal of those claims. But, because the settlement agreement is subject to the statutory new-home warranties in Minn.Stat. § 327A.04 (2004), and the release does not effectively waive or modify the warranties, we reverse and…