359-G:1 Purpose. – In order to encourage the out-of-court resolution of disputes between homeowners and contractors relative to residential construction defects, this chapter provides a framework for discussion about an alleged defect. As part of this process, RSA 359-G:4, IV allows a homeowner to provide access to the residence for an inspection. Since an […]
359-G:2 Definitions. – In this chapter: I. " Action " means any civil lawsuit, judicial action, or arbitration proceeding asserting a claim, in whole or in part, for damages or other relief in connection with a residence caused by an alleged construction defect. II. " Homeowner " means any person, company, firm, partnership, corporation, […]
359-G:3 Action; Stay Without Prejudice. – If a homeowner files an action without first complying with the requirements of this chapter, on application by a party to the action, the court or arbitrator shall stay the action, without prejudice, until the homeowner has complied with the requirements of this chapter. The stay shall not […]
359-G:4 Notice and Opportunity to Repair. – I. In every action subject to this chapter, the homeowner shall, no later than 60 days before initiating an action against a contractor, provide service of written notice of claim on that contractor. The notice of claim shall state that the homeowner asserts a construction defect claim […]
359-G:5 Additional Construction Defects; Additional Notice and Opportunity to Repair Required. – A construction defect that is discovered after a homeowner has provided a contractor with the initial claim notice and is substantially related to the factual circumstances, acts, or omissions giving rise to the construction defects alleged in the initial notice may be […]
359-G:6 Release. – If a homeowner accepts an offer made in compliance with this chapter and the contractor fulfills the offer in compliance with this chapter, the homeowner shall thereafter be barred from bringing an action for the claim. Source. 2005, 155:1, eff. Jan. 1, 2006.
359-G:7 Contract of Sale. – I. Upon entering into a purchase agreement or contract for the construction or improvement of a residence in which the contract amount exceeds $5,000, the contractor shall provide written notice to the owner of the residence of the contractor’s right to resolve alleged construction defects before a homeowner may […]
359-G:8 Miscellaneous; Applicability of Chapter. – I. Nothing in this chapter shall create any cause of action on behalf of any homeowner or contractor. II. This chapter shall not apply to a contractor’s right to seek contribution, indemnity, or recovery against a subcontractor, supplier, or design professional for any claim made against a contractor […]
