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, […]
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, […]
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 […]
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 […]
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 […]
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 […]
686.7 Application. 1. This chapter applies to construction defects in new construction. This chapter does not apply to construction defects in renovations or remodels. 2. This chapter only applies to actions brought pursuant to a class action. 2019 Acts, ch 25, §7 – 9 Section applies to actions for which litigation has not commenced prior […]
