§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-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. (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. 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. 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-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. (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. (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. (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 […]
§672E-6 Offer of settlement. Any time after the service of the notice of claim, any party may serve an offer of settlement. If the offer is accepted, the parties shall be deemed to have resolved the claim in whole or in part pursuant to the offer. An offer not accepted within ten days after service […]
§672E-7 Mediation. If the parties are unable to resolve the claim pursuant to section 672E-5 or 672E-6, all parties shall attempt to resolve the dispute through mediation, even if mediation is not otherwise ordered or mandated by contract or by law. [L 2004, c 119, pt of §2]
§672E-8 Statute of limitations on actions exception. If an applicable statute of limitation or repose would preclude an action after the notice of claim has been served but before the dispute is resolved under this chapter, the claimant may file an action against the contractor but the action shall be immediately stayed pending the contractor’s […]
§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 […]
