Section 686A.7 – Setoff — credit.
686A.7 Setoff — credit. In any asbestos action in which damages are awarded and setoffs are permitted under applicable law, a defendant is entitled to a setoff or credit in the amount the plaintiff has been awarded from an asbestos trust identified in section 686A.6, subsection 1, and the amount of the valuation established under […]
Section 685.6 – Civil investigative demands.
685.6 Civil investigative demands. 1. Issuance and service. a. If the attorney general, or a designee, for the purposes of this section, has reason to believe that any person may be in possession, custody, or control of any documentary material or information relevant to a false claims law investigation, the attorney general, or a designee, […]
Section 686A.8 – Failure to provide information — sanctions.
686A.8 Failure to provide information — sanctions. 1. On the motion of a defendant or judgment debtor seeking sanctions or other relief in an asbestos action, the court may impose any sanction provided by court rule or a law of this state, including but not limited to vacating a judgment rendered in the action, for […]
Section 685.7 – Rulemaking authority.
685.7 Rulemaking authority. The attorney general may adopt such rules and regulations as are necessary to effectuate the purposes of this chapter. 2010 Acts, ch 1031, §344
Section 686.1 – Definitions.
686.1 Definitions. As used in this chapter, unless the context otherwise requires: 1. “Action” means any civil action or arbitration proceeding for damages or indemnity asserting a claim for injury to property, real or personal, arising out of the unsafe or defective condition of an improvement to real property based on tort, breach of contract, […]
Section 686.2 – Action — compliance.
686.2 Action — compliance. 1. A claimant shall not file an action without first complying with the requirements of this chapter. If a claimant files an action alleging a construction defect without first complying with the requirements of this chapter, on timely motion by a party to the action, the court shall stay the action, […]
Section 686.3 – Notice and opportunity to repair.
686.3 Notice and opportunity to repair. 1. Prior to commencing an action alleging a construction defect, the claimant shall, at least one hundred twenty days before filing an action, serve written notice of claim on the general contractor and subcontractor. The notice of claim shall refer to this chapter and must describe the claim in […]
Section 686.4 – Multiple construction defects.
686.4 Multiple construction defects. The procedures in this chapter apply to each construction defect. However, a claimant may include multiple defects in one notice of claim. A claimant may amend the initial list of construction defects to identify additional or new construction defects as the defects become known to the claimant. The court shall allow […]
Section 686.5 – Limitations of chapter.
686.5 Limitations of chapter. This chapter does not do any of the following: 1. Bar or limit any rights, including the right of specific performance to the extent such right would be available in the absence of this chapter, any causes of action, or any theories on which liability may be based, except as specifically […]
Section 686.6 – Effect of arbitration clauses.
686.6 Effect of arbitration clauses. To the extent that an arbitration clause in a contract for the sale, design, or construction of real property conflicts with this chapter, this chapter shall control. 2019 Acts, ch 25, §6, 8, 9 Section applies to actions for which litigation has not commenced prior to April 15, 2019; 2019 […]