§21-11A-12. Timetable
(a) Following receipt of a claimant's notice of claim, the contractor or other designated representative shall review the claimant's claim and initiate negotiations with the claimant to attempt to resolve the claim. (b) Subject to subsection (c) of this section, the parties shall begin negotiations within a reasonable period of time not to exceed thirty […]
§21-11A-13. Conduct of Negotiation
Negotiation is a consensual bargaining process in which the parties attempt to resolve the claim. A negotiation under this article may be conducted by any method, technique or procedure authorized under the contract or agreed upon by the parties, including, without limitation, negotiation in person, by telephone, by correspondence, by video conference or by any […]
§21-11A-14. Settlement Agreement
(a) A settlement agreement may resolve an entire claim or any designated and severable portion of a claim. (b) To be enforceable, a settlement agreement must be in writing and signed by representatives of the claimant and the contractor who have authority to bind each respective party. (c) A partial settlement does not waive parties' […]
§21-11A-15. Costs of Negotiation
Unless the parties agree otherwise, each party shall be responsible for its own costs incurred in connection with a negotiation, including, without limitation, the costs of attorney's fees, consultant's fees and expert's fees.
§21-11A-16. Commencement of Action
If a claim for a construction defect is not resolved in its entirety through negotiation in accordance with this article on or before the ninetieth day after the contractor receives the notice of claim or after the expiration of any extension agreed to by the parties, the claimant may commence an action.
§21-11A-17. Additional Construction Defects; Additional Notice of Claim
A construction defect which is discovered after a claimant has provided a contractor with the original notice of claim is subject to the notice requirements and timetable of this article.
§21-11A-2. Applicability of Article
This article does not apply to an action: (1) Against a contractor for which a claimant, as a consumer, is entitled to a specific remedy pursuant to Chapter 46A of this code;
§21-11A-3. Suit by Contractor; Perfecting Mechanic's Lien
(a) If a contractor, subcontractor, supplier or design professional files suit against a property owner upon whose property they provided goods or services, this article is not applicable, and a claimant alleging a construction defect may counterclaim or file an independent action, as appropriate. (b) Nothing in this article precludes a contractor, subcontractor, supplier or […]
§21-11A-4. Applicability of Definitions; Definitions
For the purposes of this article, the words or terms defined in this article, and any variation of those words or terms required by the context, have the meanings ascribed to them in this article. These definitions are applicable unless a different meaning clearly appears from the context. (1) “Action” means any civil action, or […]
§21-11A-5. Contract for Residential Improvements; Notice
(a) Upon entering into a contract for residential improvements, the contractor shall provide notice to the owner of the real property of the right of the contractor, or any subcontractor, supplier or design professional to offer to cure construction defects before a claimant may commence litigation against the contractor, or a subcontractor, supplier or design […]