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4900.1440 EXCLUSIONS.

Agency payments under parts 4900.1400 to 4900.1440 will not extend to the following:

A.

loss caused by defects in design, installation, or materials which the loan recipient or subsequent purchaser supplied, installed, or had installed under his/her direction;

B.

secondary loss including personal injury or property damage, other than damage to the dwelling itself, caused by the defect or omission; incidental loss such as the cost of alternate shelter during repair of the dwelling; and consequential loss such as the diminution in the value of the dwelling caused by the defect or omission;

C.

loss from normal wear and tear;

D.

loss from normal shrinkage caused by drying of the dwelling within tolerances of building standards;

E.

loss from dampness and condensation due to insufficient ventilation after occupancy;

F.

loss from negligence, improper maintenance, or alteration of the dwelling by parties other than the contractor;

G.

loss from changes in grading of the ground around the dwelling by parties other than the contractor;

H.

landscaping or insect loss;

I.

loss from failure to maintain the dwelling in good repair;

J.

loss which the loan recipient or purchaser has not taken timely action, whenever feasible, to minimize;

K.

accidental loss usually described as acts of God, including, but not limited to: fire, explosion, smoke, water escape, windstorm, hail or lightning, falling trees, aircraft, vehicles, flood, and earthquake, except when the loss is caused by defects in construction or rehabilitation financed by agency loans;

L.

loss from soil movement which is compensated by legislation or covered by insurance; or

M.

loss due to soil conditions where construction is done upon land which is owned by the loan recipient or subsequent purchaser and which was obtained by him/her from a source independent of the contractor.

Statutory Authority:

MS s 462A.06

Published Electronically:

June 11, 2008

Official Publication of the State of Minnesota
Revisor of Statutes