Notice of offer to cure defects by contractor, contents--effecton court actions.
436.353. 1. The contractor shall provide notice to each homeownerupon entering into a contract for sale, construction, or substantialremodel of a residence of the contractor's right to offer to cureconstruction defects before a claimant may commence action against thecontractor pursuant to sections 436.350 to 436.365. Such notice shall beconspicuous and may be included as part of the underlying contract signedby the homeowner. In the sale of a condominium unit, the requirement fordelivery of such notice shall be deemed satisfied if contained in a publicoffering statement in accordance with the laws of this state.
2. The notice required by this subsection shall provide time frameguidelines to comply with sections 436.350 to 436.365 for both the claimantand contractor and shall be in substantially the following form:
SECTIONS 436.350 TO 436.365 OF MISSOURI REVISED STATUTES PROVIDE YOUWITH CERTAIN RIGHTS IF YOU HAVE A DISPUTE WITH A CONTRACTOR REGARDINGCONSTRUCTION DEFECTS. EXCEPT FOR CLAIMS FILED IN SMALL CLAIMS COURT, IFYOU HAVE A DISPUTE WITH A CONTRACTOR, YOU MUST DELIVER TO THE CONTRACTOR AWRITTEN CLAIM OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE ANDPROVIDE YOUR CONTRACTOR THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAYFOR THE DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY THECONTRACTOR. READ THIS NOTICE CAREFULLY. THERE ARE STRICT DEADLINES ANDPROCEDURES UNDER SECTIONS 436.350 TO 436.365 WHICH MUST BE OBEYED IN ORDERTO PRESERVE YOUR ABILITY TO FILE A LAWSUIT. OTHER THAN REPAIRS TO WORKDONE BY THE CONTRACTOR THAT ARE NECESSARY TO PROTECT THE LIFE, HEALTH, ORSAFETY OF PERSONS LIVING IN A RESIDENCE, OR TO AVOID ADDITIONAL SIGNIFICANTAND MATERIAL DAMAGE TO THE RESIDENCE PURSUANT TO SUBSECTION 10 OF SECTION436.356, YOU MAY NOT INCLUDE IN CLAIMS AGAINST YOUR CONTRACTOR THE COSTS OFOTHER REPAIRS YOU PERFORM BEFORE YOU ARE ENTITLED TO FILE A LAWSUIT UNDERSECTIONS 436.350 TO 436.365.
3. Nothing in sections 436.350 to 436.365 shall preclude or bar anyaction if a notice is not given to the claimant as required by thissection, and the provisions of sections 436.350 to 436.365 shall not applyto any claim of a claimant against a contractor if such contractor failedto provide the written notice required by this section.
4. In those lawsuits originally filed by a contractor against ahomeowner, if a homeowner files a counterclaim or an affirmative defense insuch lawsuit that includes a claim based on a construction defect allegedlycaused by the contractor, then the provisions of sections 436.350 to436.365 shall not apply to said lawsuit, and the homeowner or associationclaimant will not be required to adhere to sections 436.350 to 436.365 forthose claims made pursuant to the lawsuit, provided a claimant shall berequired to follow those provisions for any claim not otherwise covered bysaid lawsuit.
Notice of offer to cure defects by contractor, contents--effecton court actions.
436.353. 1. The contractor shall provide notice to each homeownerupon entering into a contract for sale, construction, or substantialremodel of a residence of the contractor's right to offer to cureconstruction defects before a claimant may commence action against thecontractor pursuant to sections 436.350 to 436.365. Such notice shall beconspicuous and may be included as part of the underlying contract signedby the homeowner. In the sale of a condominium unit, the requirement fordelivery of such notice shall be deemed satisfied if contained in a publicoffering statement in accordance with the laws of this state.
2. The notice required by this subsection shall provide time frameguidelines to comply with sections 436.350 to 436.365 for both the claimantand contractor and shall be in substantially the following form:
SECTIONS 436.350 TO 436.365 OF MISSOURI REVISED STATUTES PROVIDE YOUWITH CERTAIN RIGHTS IF YOU HAVE A DISPUTE WITH A CONTRACTOR REGARDINGCONSTRUCTION DEFECTS. EXCEPT FOR CLAIMS FILED IN SMALL CLAIMS COURT, IFYOU HAVE A DISPUTE WITH A CONTRACTOR, YOU MUST DELIVER TO THE CONTRACTOR AWRITTEN CLAIM OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE ANDPROVIDE YOUR CONTRACTOR THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAYFOR THE DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY THECONTRACTOR. READ THIS NOTICE CAREFULLY. THERE ARE STRICT DEADLINES ANDPROCEDURES UNDER SECTIONS 436.350 TO 436.365 WHICH MUST BE OBEYED IN ORDERTO PRESERVE YOUR ABILITY TO FILE A LAWSUIT. OTHER THAN REPAIRS TO WORKDONE BY THE CONTRACTOR THAT ARE NECESSARY TO PROTECT THE LIFE, HEALTH, ORSAFETY OF PERSONS LIVING IN A RESIDENCE, OR TO AVOID ADDITIONAL SIGNIFICANTAND MATERIAL DAMAGE TO THE RESIDENCE PURSUANT TO SUBSECTION 10 OF SECTION436.356, YOU MAY NOT INCLUDE IN CLAIMS AGAINST YOUR CONTRACTOR THE COSTS OFOTHER REPAIRS YOU PERFORM BEFORE YOU ARE ENTITLED TO FILE A LAWSUIT UNDERSECTIONS 436.350 TO 436.365.
3. Nothing in sections 436.350 to 436.365 shall preclude or bar anyaction if a notice is not given to the claimant as required by thissection, and the provisions of sections 436.350 to 436.365 shall not applyto any claim of a claimant against a contractor if such contractor failedto provide the written notice required by this section.
4. In those lawsuits originally filed by a contractor against ahomeowner, if a homeowner files a counterclaim or an affirmative defense insuch lawsuit that includes a claim based on a construction defect allegedlycaused by the contractor, then the provisions of sections 436.350 to436.365 shall not apply to said lawsuit, and the homeowner or associationclaimant will not be required to adhere to sections 436.350 to 436.365 forthose claims made pursuant to the lawsuit, provided a claimant shall berequired to follow those provisions for any claim not otherwise covered bysaid lawsuit.
Notice of offer to cure defects by contractor, contents--effecton court actions.
436.353. 1. The contractor shall provide notice to each homeownerupon entering into a contract for sale, construction, or substantialremodel of a residence of the contractor's right to offer to cureconstruction defects before a claimant may commence action against thecontractor pursuant to sections 436.350 to 436.365. Such notice shall beconspicuous and may be included as part of the underlying contract signedby the homeowner. In the sale of a condominium unit, the requirement fordelivery of such notice shall be deemed satisfied if contained in a publicoffering statement in accordance with the laws of this state.
2. The notice required by this subsection shall provide time frameguidelines to comply with sections 436.350 to 436.365 for both the claimantand contractor and shall be in substantially the following form:
SECTIONS 436.350 TO 436.365 OF MISSOURI REVISED STATUTES PROVIDE YOUWITH CERTAIN RIGHTS IF YOU HAVE A DISPUTE WITH A CONTRACTOR REGARDINGCONSTRUCTION DEFECTS. EXCEPT FOR CLAIMS FILED IN SMALL CLAIMS COURT, IFYOU HAVE A DISPUTE WITH A CONTRACTOR, YOU MUST DELIVER TO THE CONTRACTOR AWRITTEN CLAIM OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE ANDPROVIDE YOUR CONTRACTOR THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAYFOR THE DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY THECONTRACTOR. READ THIS NOTICE CAREFULLY. THERE ARE STRICT DEADLINES ANDPROCEDURES UNDER SECTIONS 436.350 TO 436.365 WHICH MUST BE OBEYED IN ORDERTO PRESERVE YOUR ABILITY TO FILE A LAWSUIT. OTHER THAN REPAIRS TO WORKDONE BY THE CONTRACTOR THAT ARE NECESSARY TO PROTECT THE LIFE, HEALTH, ORSAFETY OF PERSONS LIVING IN A RESIDENCE, OR TO AVOID ADDITIONAL SIGNIFICANTAND MATERIAL DAMAGE TO THE RESIDENCE PURSUANT TO SUBSECTION 10 OF SECTION436.356, YOU MAY NOT INCLUDE IN CLAIMS AGAINST YOUR CONTRACTOR THE COSTS OFOTHER REPAIRS YOU PERFORM BEFORE YOU ARE ENTITLED TO FILE A LAWSUIT UNDERSECTIONS 436.350 TO 436.365.
3. Nothing in sections 436.350 to 436.365 shall preclude or bar anyaction if a notice is not given to the claimant as required by thissection, and the provisions of sections 436.350 to 436.365 shall not applyto any claim of a claimant against a contractor if such contractor failedto provide the written notice required by this section.
4. In those lawsuits originally filed by a contractor against ahomeowner, if a homeowner files a counterclaim or an affirmative defense insuch lawsuit that includes a claim based on a construction defect allegedlycaused by the contractor, then the provisions of sections 436.350 to436.365 shall not apply to said lawsuit, and the homeowner or associationclaimant will not be required to adhere to sections 436.350 to 436.365 forthose claims made pursuant to the lawsuit, provided a claimant shall berequired to follow those provisions for any claim not otherwise covered bysaid lawsuit.
