[§672E-8]  Statute of limitations on actions
exception.  If an applicable statute of limitation or repose would preclude
an action after the notice of claim has been served but before the dispute is
resolved under this chapter, the claimant may file an action against the
contractor but the action shall be immediately stayed pending the contractor's
opportunity to repair under section 672E-4, or submission of the dispute to
mediation under section 672E-7.  This section shall not be construed to revive
a statutory period of limitations on actions that have expired prior to the
date on which a claimant's written notice of claim is served.  After the
sending of the initial notice of claim, a claimant and a contractor, by written
mutual agreement, may alter the procedure for the notice of claim under this
section. [L 2004, c 119, pt of §2]



 



Cross References



 



  Limitation of action for damages based on construction to
improve real property, see §657-8.