672E-9 Additional construction defects.
§672E-9 Additional construction defects. A construction defect discovered after the notice of claim is served may not be alleged in an action until the claimant has given the contractor: (1) A written notice of claim regarding the alleged defect under section 672E-3; and (2) An opportunity to repair the construction defect or reject the notice […]
672E-10 Release.
§672E-10 Release. If the parties resolve the claim in whole or in part, the claimant shall be barred from bringing an action for the resolved claims. [L 2004, c 119, pt of §2]
672E-11 Contract of sale; provisions.
§672E-11 Contract of sale; provisions. (a) Upon entering into a contract for sale of a new structure or the construction or substantial remodeling of a premises, the seller of the new structure shall provide to the purchaser of the new structure, and the contractor of the construction or substantial remodeling of the premises shall provide […]
672E-12 Other actions.
§672E-12 Other actions. This chapter shall not interfere with a contractor’s right to seek contribution, indemnity, or recovery against a subcontractor, supplier, or design professional for any claim made against a contractor by a claimant. [L 2004, c 119, pt of §2]
672E-13 Dismissal without prejudice.
§672E-13 Dismissal without prejudice. The court or arbitrator shall dismiss, without prejudice, any action failing to meet the requirements of this chapter, unless: (1) The failure to meet the requirements is the direct result of the wrongful conduct of another party; (2) Circumstances beyond the control of the party prevented compliance; or (3) An applicable […]
672E-1 Definitions.
§672E-1 Definitions. The following terms, whenever used in this chapter, shall have the following meanings, unless a different meaning clearly appears in context: “Action” means any civil proceeding, including but not limited to arbitration, in which damages or other relief may be awarded or enforced with respect to an alleged construction defect. “Association” means a […]
672E-2 Applicability.
§672E-2 Applicability. All claimants filing an action alleging construction defects shall comply with this chapter; provided that this chapter shall not apply to any actions that include claims for personal injury or death. [L 2004, c 119, pt of §2]
672E-3 Notice of claim of construction defect.
§672E-3 Notice of claim of construction defect. (a) A claimant, no later than ninety days before filing an action against a contractor, shall serve the contractor with a written notice of claim. The notice of claim shall describe the claim in detail and include the results of any testing done. The notice of claim shall […]
672E-4 Rejection of claim; opportunity to repair construction defect.
§672E-4 Rejection of claim; opportunity to repair construction defect. (a) The contractor rejects a claimant’s claim of construction defects by: (1) Serving the claimant with a written rejection of the claim; or (2) Failing to respond pursuant to subsection (b)(1) or (b)(2), to the notice of claim within thirty days after service. (b) The contractor, […]
672E-5 Written notice of acceptance; access to premises.
§672E-5 Written notice of acceptance; access to premises. (a) The claimant, within thirty days after receipt of a contractor’s settlement offer, may accept any offer by serving the contractor with a written notice of acceptance; provided that an association shall have forty-five days to respond. If no written notice of acceptance is served, the settlement […]