Soil-Structure Interaction Seminar - Foundation Performance ...

July 21, 1994
Page7
1. Homeowner provides written notice of the construction
defect in reasonable detail, by certified mail, return receipt
requested at least 60 days before filing suit.
2. Inspection: contractor, upon written request, must be
given opportunity to inspect within 35 days after receiving
the notice.
3. Offer: contractor may make written offer to repair or pay
money within 45 days after receiving notice.
4. If homeowner accepts offer, repairs must be completed
within 45 days (unless delayed by the claimant or events
beyond the contractor's control).
5. If claimant unreasonably rejects offer or doesn't permit
contractor reasonable opportunity to repair, claimant may
not recover an amount in excess of the reasonable cost of
repairs which are necessary to cure the construction defect
and may only recover the amount of reasonable and
necessary attorney's fees and costs incurred before the
offer was rejected.
6. If a contractor fails to make a reasonable offer, or fails to
make a reasonable attempt to complete the repairs, or fails
to complete the repairs in a good and workmanlike
manner, the limitations on damages and defenses to
liability do not apply.
7. If procedures followed, claimant may only recover the
following damages
a) reasonable cost of repairs necessary to cure any
construction defect that the contractor failed to cure;
b) reasonable expenses of temporary housing
necessitated by the repairs;
c) reduction in market value of the residence, if any,
due to structural failure; and
d) reasonable and necessary attorneys' fees.
8. Damages may not exceed the claimant's purchase price for
the residence.