[§672E-9]  Additional construction defects. 
A construction defect discovered after the notice of claim is served may not be
alleged in an action until the claimant has given the contractor:



(1)  A written notice of claim regarding the alleged
defect under section 672E-3; and



(2)  An opportunity to repair the construction defect
or reject the notice of claim under section 672E-4. [L 2004, c 119, pt of §2]