[§672E-11]  Contract of sale; provisions. 
(a)  Upon entering into a contract for sale of a new structure or the
construction or substantial remodeling of a premises, the seller of the new
structure shall provide to the purchaser of the new structure, and the
contractor of the construction or substantial remodeling of the premises shall
provide to the owner of the premises, notice of the contractor’s right to
resolve alleged construction defects before a claimant may commence litigation
against the contractor.  The notice shall be conspicuous and included as part
of the contract.



(b)  The notice required by subsection (a)
shall explicitly reference this chapter, and shall be in substantially the
following form:



"CHAPTER
672E OF THE HAWAII REVISED STATUTES CONTAINS IMPORTANT REQUIREMENTS YOU MUST
FOLLOW BEFORE YOU MAY FILE A LAWSUIT OR OTHER ACTION FOR DEFECTIVE CONSTRUCTION
AGAINST THE CONTRACTOR WHO DESIGNED, REPAIRED, OR CONSTRUCTED YOUR HOME OR
FACILITY.  NINETY DAYS BEFORE YOU FILE YOUR LAWSUIT OR OTHER ACTION, YOU MUST
SERVE ON THE CONTRACTOR A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU
ALLEGE ARE DEFECTIVE.  UNDER THE LAW, A CONTRACTOR HAS THE OPPORTUNITY TO MAKE
AN OFFER TO REPAIR AND/OR PAY FOR THE DEFECTS.  YOU ARE NOT OBLIGATED TO ACCEPT
ANY OFFER MADE BY A CONTRACTOR.  THERE ARE STRICT DEADLINES AND PROCEDURES
UNDER THE LAW, AND FAILURE TO FOLLOW THEM MAY NEGATIVELY AFFECT YOUR ABILITY TO
FILE A LAWSUIT OR OTHER ACTION."



[L 2004,
c 119, pt of §2]