4.11 SR 10-07-2024 - Laserfiche WebLink

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scope and number of repairs necessary, if any. The qualified neutral shall mail the determination to each party within ten days after the conference. The parties shall share the expense of the qualified neutral's billed time equally, unless otherwise agreed. The neutral's billed time for evaluation of documents, meeting with the parties, and issuing a written determination must not exceed six hours, unless agreed to in writing by both parties. The neutral must identify the neutral's hourly rate to the parties. The written determination issued by the qualified neutral and all communications relating to the home warranty dispute resolution process, except those between any party and the commissioner, are deemed confidential settlement communications pursuant to Rule 408 of the Minnesota Rules of Evidence. No party may use the written offer of repair provided by a vendor or home improvement contractor, a counteroffer to repair, or a written determination issued by the qualified neutral as evidence of liability in subsequent litigation between the parties. The qualified neutral may not be called to testify regarding the dispute resolution proceedings. Any amount paid by a party for the services of a qualified neutral under this section is deemed a taxable cost of the prevailing party in a subsequent litigation involving the same subject matter. If both parties agree, the parties may designate an alternative dispute resolution process in lieu of participating in the home warranty dispute resolution process established by Section 327A.051. If the parties agree to an alternative dispute resolution process, they shall provide written notice of the agreement and a description of the selected process to the commissioner as soon as practicable, but no later than the date the parties are required to select a neutral. Failure to strictly comply with the timelines in this section shall not be grounds for dismissal of any claim brought under Section 327A.05, provided that the parties establish good faith effort in complying with Section 327A.051. If the dispute resolution process is not successful in resolving the dispute between Owners and the home improvement contractor, the Owners may proceed to commence an action against the home improvement contractor. The applicable statute of limitations and statute of repose for an action based on breach of a warranty imposed Section 327A, or any other action in contract, tort, or other law for any injury to real or personal property or bodily injury or wrongful death arising out of the alleged loss or damage, is tolled from the date the written notice provided by the Owners is postmarked, or if not sent through the mail, received by the home improvement contractor until the latest of the following: (1) the date of completion of the home warranty dispute resolution process under Section 327A.051; or (2) 180 days. If the home improvement contractor fails to perform an inspection or fails to make an offer to repair or perform agreed upon repairs, the Owners may commence an action. For all other cases for which the statute of limitations or statute of repose is tolled, an action must not be commenced in district court until the earlier of: 9/12/24, 9:13 PM Proposal Print https://buildertrend.net/app/LeadProposal/Print/10081477 10/12Page 78 of 139