2006 changes are in YELLOW - Mackrell International

More documents

Recommendations

Info

web link http://www.revisor.leg.state.mn.us/stats/327A/and H.F. 1375 (2005-2006) found at:http://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H1375.2.html&session=ls8415. Mississippi. Ms. Stat. §§ 83-58-2, et seq. Covers “builders,” defined as anyperson, corporation, partnership, or other entity which constructs a home or engagesanother to construct a home, including a home occupied initially by its builder as hisresidence, for the purpose of sale. No specific mention of architects.web link http://198.187.128.12/mississippi/lpext.dll?f=templates&fn=fs-main.htm&2.016. Missouri. R.S.Mo. §§ 436.350, et seq. Covers "contractors," which means anyperson, company, firm, partnership, corporation, association, or other entity that isengaged in the business of designing, developing, constructing, or substantiallyremodeling residences. No specific mention of architects.web link http://www.moga.state.mo.us/statutes/c436.htm17. Montana. Mont. Stat. §§ 70-19-426, et seq. Covers claims against a“construction professional,” which means a builder, builder vendor, contractor, orsubcontractor performing or furnishing the supervision of the construction orremodeling of any improvement to real property. No specific mention of architects.web link http://data.opi.state.mt.us/bills/mca_toc/70_19_4.htm18. New Hampshire. N.H. Stat. §§ 359-G:1, et seq. Applies to “contractors,”defined as any person, firm, partnership, corporation, association, or other organizationthat is engaged in the business of designing, developing, or constructing a residence,modification or repair of a new or existing residence, or construction, alteration, addition,or repair of an appurtenance to a new or existing residence. However, the law does notapply to a contractor’s right to seek contribution, indemnity, or recovery against asubcontractor, supplier, or design professional for any claim made against a contractorby a homeowner. No specific mention of architects.web link http://www.gencourt.state.nh.us/rsa/html/XXXI/359-G/359-G-mrg.htm19. Nevada Ne. Stat. §§ 40.600, et seq. One of the three most detailed laws in thenation (as of 2005), with Texas and Washington State. Covers contractors,subcontractors, suppliers and design professionals.web link http://www.leg.state.nv.us/NRS/NRS-040.html#NRS040Sec600
20. North Dakota. N.D.. Stat. § 43-07-26. Covers only “contractors” on onefamilyor two-family dwelling, or an improvement with a value exceeding $2,000 to adwelling. No specific mention of architects.web linkhttp://www.legis.nd.gov/assembly/59-2005/sessionlaws/documents/OCCPT.pdf#CHAPTER35821. Ohio. Oh. Stat. §§ 1312.01, et seq. Covers “residential contractors,” defined as aperson or entity who, for pay, enters into a contract with an owner for the constructionor the substantial rehabilitation of a residential building and who has primaryresponsibility for the construction or substantial rehabilitation of a residential building.No specific mention of architects.web linkhttp://onlinedocs.andersonpublishing.com/oh/lpExt.dll?f=templates&fn=mainh.htm&cp=PORC22. Oklahoma. Okla. Stat. tit. 15 § 765.5, et seq. [added by S.B. 1749 (2006)].Covers “contractors,” defined as a person or entity providing labor, services ormaterials in the construction of a new residence or alteration of, repair of, or addition toan existing residence. This specifically covers “construction defects” arising out of the“design” of a new residence. No specific mention of architects.web link http://www.lsb.state.ok.us/ and enrolled S.B. 174923. Oregon. Ore. Stat. §§ 701.560, et seq. Covers contractors, subcontractors orsuppliers. The term “contractor” is defined as a person that performed “services” for theconstruction, alteration or repair of a residence. The law specifically excludesapplication to architects (those licensed under ORS 671.010 to 671.220).web link http://www.leg.state.or.us/ors/701.html24. South Carolina. S. Car. Stat. §§ 40.59-810, et seq. Covers any action broughtagainst a “contractor or subcontractor,” including defects in the design, construction,condition, or sale of the dwelling; and including failure of the design of residentialimprovements to meet the applicable professional standards of care. No specificmention of architects.web link http://www.scstatehouse.net/code/t40c059.doc
Page 1 and 2: States With Residential Right-To-Cu
Page 6 and 7: 25. Tennessee. Tenn. Stat. §§ 66-
Page 8 and 9: Alaska. (Back to Top)09.45.881. Not
Page 10 and 11: (b) A claimant who accepts an offer
Page 12 and 13: (B) the interest of the owner of an
Page 14 and 15: affected residential units. FOR THE
Page 16 and 17: California. (Back to Top)Civil Code
Page 18 and 19: (2) Foundations, load bearing compo
Page 20 and 21: health agency, or governmental enti
Page 22 and 23: (b) The notice requirements of this
Page 24 and 25: At the time the sales agreement is
Page 26 and 27: allow the repair to be performed ei
Page 28 and 29: have been satisfied. The court, in
Page 30 and 31: limitations established by this tit
Page 32 and 33: Colorado. (Back to Top)13-20-801. S
Page 34 and 35: described in the notice of claim, u
Page 36 and 37: 13-20-807. Express warranty - not a
Page 38 and 39: includes the systems, other compone
Page 40 and 41: duplex, a triplex, or a quadruplex,
Page 42 and 43: for any purpose, unless the expert,
Page 44 and 45: Georgia. (Back to Top)8-2-35. The l
Page 46 and 47: If a claim is asserted on behalf of
Page 48 and 49: GEORGIA LAW CONTAINS IMPORTANT REQU
Page 50 and 51: Hawaii. (Back to Top)672E-1 Definit
Page 52 and 53: Any offer of settlement under this
Page 54 and 55:
Idaho. (Back to Top)6-2501. SHORT T
Page 56 and 57:
(c) If the construction professiona
Page 58 and 59:
Indiana. (Back to Top)Chapter 3. No
Page 60 and 61:
(d) If the construction professiona
Page 62 and 63:
32-27-3-11 Filing; list of defects.
Page 64 and 65:
Kansas. (Back to Top)60-4701. Defin
Page 66 and 67:
(e) If the claimant rejects the ins
Page 68 and 69:
60-4709. Association action for con
Page 70 and 71:
411.256 Circumstances under which c
Page 72 and 73:
(b) The claimant and construction p
Page 74 and 75:
Louisiana. (Back to Top)§3142. Sho
Page 76 and 77:
(9) Loss or damage resulting from w
Page 78 and 79:
Michigan. (Back to Top)339.2411 Com
Page 80 and 81:
mail not less than 30 days before t
Page 82 and 83:
Subd. 9. Home improvement. "Home im
Page 84 and 85:
(c) secondary loss or damage such a
Page 86 and 87:
(a) Defects in outbuildings includi
Page 88 and 89:
Missouri. (Back to Top)436.350. Def
Page 90 and 91:
THAN REPAIRS TO WORK DONE BY THE CO
Page 92 and 93:
(3) If the contractor does not proc
Page 94 and 95:
436.362. Mediation requirements.1.
Page 96 and 97:
Montana. (Back to Top)70-19-426. Re
Page 98 and 99:
against the construction profession
Page 100 and 101:
359-G:4 Notice and Opportunity to R
Page 102 and 103:
(b) The contractor's reasonable rel
Page 104 and 105:
Nevada. (Back to Top)NRS 40.600 Def
Page 106 and 107:
Conditions and Limitations on Actio
Page 108 and 109:
(d) A form which the owner may use
Page 110 and 111:
cause of action for a constructiona
Page 112 and 113:
epair the constructional defect and
Page 114 and 115:
1. The market value of the residenc
Page 116 and 117:
NRS 40.672 Defect in new residence:
Page 118 and 119:
(b) Enter into any agreement relati
Page 120 and 121:
limitations prescribed by law. If t
Page 122 and 123:
NRS 40.690 Limitation on bringing c
Page 124 and 125:
(c) Occupied by a person exposed to
Page 126 and 127:
Ohio. (Back to Top)CHAPTER 1312CLAI
Page 128 and 129:
(C) (1) If an owner rejects a contr
Page 130 and 131:
Oklahoma. (Back to Top)§ 765.5This
Page 132 and 133:
(3) A notice of defect sent by an o
Page 134 and 135:
after receiving the offer. If an ow
Page 136 and 137:
must dismiss the arbitration or act
Page 138 and 139:
(2) a description of the claim or c
Page 140 and 141:
jurisdiction shall abate the action
Page 142 and 143:
(1) Bar or limit any rights, includ
Page 144 and 145:
(1) "Goods" does not include a resi
Page 146 and 147:
to inspect the property as required
Page 148 and 149:
Sec. 27.0042. CONDITIONAL SALE TO B
Page 150 and 151:
Sec. 428.002. BUILDER'S RIGHT OF IN
Page 152 and 153:
Virginia. (Back to Top)§ 55-70.1.
Page 154 and 155:
"Convertible space" means a portion
Page 156 and 157:
"Unit" means a portion of the condo
Page 158 and 159:
Washington (State). (Back to Top)RC
Page 160 and 161:
(b) of this subsection, the claiman
Page 162 and 163:
CHAPTER 64.50 RCW CONTAINS IMPORTAN
Page 164 and 165:
(6) "Multiunit residential building
Page 166 and 167:
(2) Nothing in this section alters
Page 168 and 169:
(2) Unless otherwise agreed by the
Page 170 and 171:
(e) The neutral expert's access to
Page 172 and 173:
determined by the court in accordan
Page 174 and 175:
actual knowledge, and a statement o
Page 176 and 177:
West Virginia. (Back to Top)ARTICLE
Page 178 and 179:
litigation against the contractor,
Page 180 and 181:
(e) If the contractor, subcontracto
Page 182 and 183:
§21-11A-14. Settlement agreement.(
Page 184 and 185:
window or door supplier. All partie
Page 186 and 187:
a contribution claim has been made
show all

2006 changes are in YELLOW - Mackrell International

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?