32-1160. Claim for termite damages; notice and
offer of settlement; applicability; definition
A. At least thirty days before filing suit against a contractor for money damages
resulting from termites, a claimant shall give written notice to that contractor at that
contractor's last known address, specifying in reasonable detail the facts that are the
subject of the complaint. Within ten days after the date the contractor receives the
notice, the contractor may request an opportunity to inspect the premises and may make a
written offer to the claimant that may include an agreement by the contractor to inspect,
treat, repair or have repaired at the contractor's expense any area damaged by the
termites and shall describe in reasonable detail the kind of repairs or treatment
offered. If accepted, the repairs or treatment shall be made within forty-five days
after the date the contractor receives written notice of acceptance of the offer of
compromise, unless completion is delayed by the claimant or by other events beyond the
control of the contractor. Failure to provide a written notice or refusal to allow a
contractor to inspect the premises for termite damage and provide a retreatment program
shall create a rebuttable presumption that the damages could have been mitigated.
B. The notice prescribed by subsection A is not required if the claimant must file
suit at an earlier date to prevent expiration of the statute of limitations or if the
complaint is asserted as a counterclaim.
C. This section does not create an implied warranty or extend any limitation
period. This section applies only to a claim for money damages to a residence or an
appurtenance to a residence resulting from termites and for which suit is filed after the
effective date of this section.
D. For purposes of this section "contractor" means a person or entity, including
any subsidiaries, parents, partners or affiliates, that contracts with a claimant for the
construction or sale of a new residence constructed by that person or entity, or for an
alteration of or addition to an existing residence, repair of a new or existing
residence, or construction, sale, alteration, addition or repair of an appurtenance to a
new or existing residence.
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