[§672E-3]  Notice of claim of construction
defect.  (a)  A claimant, no later than ninety days before filing an action
against a contractor, shall serve the contractor with a written notice of
claim.  The notice of claim shall describe the claim in detail and include the
results of any testing done.  The notice of claim shall not constitute a claim
under any applicable insurance policy and shall not give rise to a duty of any
insurer to provide a defense under any applicable insurance policy unless and until
the process set forth in section 672E‑5 is completed.  Nothing in this
chapter shall in any way interfere with or alter the rights and obligations of
the parties under any liability policy.



(b)  A contractor served with a written notice
of claim shall serve any other appropriate subcontractor with notice of the
claim.  The contractor's notice shall include the claimant's written notice of
claim.



(c)  After serving the notice of claim, a
claimant shall give to the contractor reasonable prior notice and an
opportunity to observe if any testing is done. [L 2004, c 119, pt of §2]