Section 436.359 – Rejection of settlement offer by association governing board, effect of — meeting requirements.
Effective – 28 Aug 2005 436.359. Rejection of settlement offer by association governing board, effect of — meeting requirements. — 1. If an association’s governing board rejects a written settlement offer from the contractor and has satisfied applicable provisions of section 436.356, and upon written request by the contractor as part of said offer that […]
Section 436.362 – Mediation requirements.
Effective – 28 Aug 2005 436.362. Mediation requirements. — 1. At any time, either a claimant or contractor may offer to resolve a claim against a contractor through mediation. Mediation pursuant to this section shall be nonbinding and independently administered. The contractor and claimant shall mutually agree upon a qualified independent and neutral mediator and […]
Section 436.365 – Law not to restrict or inhibit other remedies or ability to contract.
Effective – 28 Aug 2005 436.365. Law not to restrict or inhibit other remedies or ability to contract. — 1. Nothing in sections 436.350 to 436.365 shall be construed to create a theory or cause of action upon which liability may be based or to limit any causes of action or remedies otherwise available to […]
Section 436.350 – Definitions.
Effective – 28 Aug 2005 436.350. Definitions. — As used in sections 436.350 to 436.365, unless the context clearly requires otherwise, the following terms shall mean: (1) “Action”, any civil lawsuit, action, or proceeding, in contract or tort, or otherwise, for damages or indemnity, brought to assert a claim, whether by petition, complaint, counterclaim, or […]
Section 436.353 – Notice of offer to cure defects by contractor, contents — effect on court actions.
Effective – 28 Aug 2005 436.353. Notice of offer to cure defects by contractor, contents — effect on court actions. — 1. The contractor shall provide notice to each homeowner upon entering into a contract for sale, construction, or substantial remodel of a residence of the contractor’s right to offer to cure construction defects before […]
Section 436.356 – Court actions arising from construction defects, notice of alleged defect to be given, response of contractor — dispute of claim, procedure — mediation, where to occur.
Effective – 28 Aug 2005 436.356. Court actions arising from construction defects, notice of alleged defect to be given, response of contractor — dispute of claim, procedure — mediation, where to occur. — 1. In every action against a contractor arising from construction or substantial remodel of a residence, a claimant shall serve the contractor […]