STATE RESIDENTIAL RIGHT-TO-REPAIR STATUTES

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1 STATE RESIDENTIAL RIGHT-TO-REPAIR STATUTES Alaska Alaska Stat et California Cal. Civ. Code 895 et Colorado Colo. Rev. Stat et Florida Fla. Stat et A/E, C B,A/E, C, S, Sup. B/D, A/E, A/E,, Sup. construction professional at least ninety (90) days prior to filing of legal action. Construction professional must provide written response within twenty-one (21) days thereafter. Claimant must provide written notice of claim to defendant prior to initiation of legal action. Builder required to provide written response within 30 days thereof. Builder required to provide substantive response to claim within 30 days of inspection. construction professional no later than seventy-five (75) days before filing legal action. Construction professional must provide written response within thirty (30) days of inspection process. Claimant must provide written notice of claim to defendant at least 120 days before filing legal action. Defendant required to provide written response within 45 days thereafter. If claimant unreasonably rejects offer or fails to provide reasonable opportunity to repair, claimant's recovery limited to reasonable costs of repair or reasonable settlement offer. Court may deny claimant award of attorney's fees and may award defendant attorney's fees and costs. Damages limited to reasonable cost to repair defects, reasonable cost of repair for damage caused by repair efforts, reasonable cost of repair to damage caused by the defect, reasonable relocation and storage, and reasonable costs associated with inspection. Negligence actions limited to actual damage to property and/or loss of use. limitations. Mediation provisions for resolution of claim and disputes arising from completed repairs. provision provision tolling Statute tolled for 100 days after the repair is complete. If builder fails to respond or proceed in accordance with statutory process, statute is tolled for 45 days following expiration of the responding to the claim. days after completion of notice process. S/L tolled for 90/120 days after receipt of notice or 30 days after repair period. 1

2 Georgia Ga. Code et Hawaii Haw. Rev. Stat. 672 E-1 et Idaho Idaho Code , et * *Includes "risk retention group" insuring contractor's liability., Sup, Sup defendant no later than 90 days prior to initiation of legal action. Claimant required to provide response within 30 days thereof. defendant no later than 90 days prior to initiation of legal action. Defendant required to provide a written response within 30 days thereof. defendant prior to institution of legal action. Defendant required to provide written response within 21 days thereof. If claimant rejects reasonable offer, recovery limited to: (1) fair market value of settlement or actual costs of repair; or (2) amount of settlement. If offer by any party is rejected and subsequent judgment is less favorable, offeree pays costs incurred by offeror. Damages recoverable in actions under statute limited to: - reduction in market value due to structural failures; - reasonable expenses for temporary housing; - reasonable attorney's fees. If reasonable offer rejected, damages limited to reasonable costs of repairs offered to repair defect or amount of reasonable monetary settlement and reasonable attorney's fees incurred prior to rejection of offer. Total award limited to purchase price or current market price without construction defect. Claimant permitted to file action to comply with S/L, but action is stayed subject to provisions of Claimant permitted to file action to comply with S/L, but action is stayed subject to provisions of days if notice is served within prescribed period. 2

3 Indiana Ind. Code , et Kansas Kan. Stat Missouri Mo. Rev. Stat et Montana Mont. Code , et claim at least 60 days prior to filing of legal action. Defendant must file response within 21 days thereof. Claimant must provide written notice of claim prior to initiation of legal action. Defendant required to provide written response within 30 days thereof. D/B, C, Sub Claimant must serve notice of claim on defendant prior to initiation of legal action. Initial response of defendant must be served within 14 days thereafter. Claimant must serve notice of claim on defendant prior to institution of legal action. Initial response of Defendant must be served within 21 days thereof. Attorney's fees and costs awardable in the event of unreasonable rejection by either party of claim or offer of settlement. limitation upon damages. limitations. Damages pursuant to this section limited to damages "proximately caused" by defect. - reasonable costs of necessary housing; - reduction in market value due to construction defect; - reasonable costs & attorney's fees. days if notice is served within prescribed period. Notice tolls S/L for 180 days from latest of: (1) service of notice; (2) date agreed upon for payment by contractor; (3) date agreed upon for completion of repairs by contractor. Claimant entitled to file cause of action to preserve S/L. S/L tolled if notice served pursuant to 3

4 Nevada Nev. Rev. Stat , et New Hampshire N.H. Rev. Stat :1 Ohio Ohio Rev. Code South Carolina S.C. Ann , et Contractor *pursuant to 624 of NRS C Claimant must serve written notice prior to legal action. Defendant must serve initial response within 90 days thereof, or 60 days in the case of common construction defects. claim no later than 60 days prior to initiation of legal action. Defendant required to serve initial response within 30 days thereof. claim prior to initiation of legal action. Initial response of defendant must be served within 21 days thereof. Claimant must provide written notice of claim to defendant no later than 90 days prior to filing the action. Written response by contractor or subcontractor is required within 30 days thereof. Damages limited to: - reasonable attorney's fees; - reduction in value of property due to structural failure; - loss of use of residence; - reasonable value of other property damaged; - reasonable costs of experts unless defendant fails to comply with statutory If claimant fails to comply, court may deny recovery of attorney's fees and costs to claimant and award attorney's fees and costs to defendant. limitations. limitations. limitations. tolling Service of Notice tolls S/L for 60 days. Applicable S/L tolled upon service of notice until "Owner" [sic] has complied with 4

5 Texas Tex. Prop. Code Chapter , et Washington Wash. Rev. Code , et C B,, A/E Claimant required to provide written notice of claim at least 60 days prior to filing a legal action. Contractor must provide written response within 45 days thereof. Claimant required to provide defendant written notice of claim no later than 45 days before filing a legal action. A written response by the defendant is required within 21 days thereof. Further substantive response required within 14 days of inspection. Damages recoverable under statute are limited to reasonable costs of repairing defects, reasonable costs for temporary housing, reduction in market value due to structural failure, and reasonable attorney's fees. Limitation does not apply if contractor fails to make a reasonable offer. If claimant rejects a reasonable offer, damages limited to either the reasonable costs of repairing the defect or the amount of a reasonable monetary settlement offer made pursuant to the Provisions for mandatory Key: A = Architect B = Builder C = General Contractor D = Developer E = Engineer A/E = Architect/Engineer B/D = Builder/Developer S = Subcontractor Sup. = Supplier Nothing in this paper should be construed as legal advice or a legal opinion, and readers should not act upon the information contained in this paper without seeking the advice of legal counsel. Moreover, this paper does not create an attorney-client relationship. 5