ACTIONS RESULTING FROM CONSTRUCTIONAL DEFECT
- Additional Requirement for Actions Against Design Professionals
- Conditions and Limitations on Actions
- 40.640 - Liability of contractor.
- 40.645 - Notice of defect: Required before commencement of or addition to certain actions; content; reliance on expert opinion based on representative sample; notice regarding similarly situated owner
- 40.6452 - Common constructional defects within single development: Response to notice of defect by contractor; disclosure to unnamed owners; effect of contractor failing to provide disclosure to unnam
- 40.646 - Notice of defect to be forwarded by contractor to subcontractor, supplier or design professional; effect of failure to forward notice; inspection of alleged defect; election to repair.
- 40.6462 - Access to residence or appurtenance with alleged defect after notice of defect is given; effect on owners who did not provide notice.
- 40.647 - Claimant required to allow inspection of and reasonable opportunity to repair defect; effect of noncompliance.
- 40.6472 - Response to notice of defect: Time for sending; content; effect of election to repair or not to repair.
- 40.648 - Election to repair defect: Who may repair; manner for performing repairs; deadline for repair; extension of deadline; written statement of repairs performed.
- 40.649 - Notice of defect may be presented to insurer; duties of insurer.
- 40.650 - Effect of rejecting reasonable offer of settlement; effect of failing to take certain actions concerning defect; effect of coverage available under homeowner’s warranty.
- 40.655 - Limitation on recovery.
- 40.660 - Nonacceptance of offer of settlement deemed rejection.
- 40.665 - Settlement by repurchase; certain offers of settlement deemed reasonable.
- 40.667 - Effect of written waiver or settlement agreement when contractor fails to correct or repair defect properly; conditions to bringing action; effect of failure to prevail in action.
- 40.668 - Action against subdivider or master developer for defect in appurtenance in planned unit development: Conditions and limitations; tolling of statutes of limitation or repose; applicability.
- Disclosures
- 40.687 - Disclosure of information concerning warranties after action is commenced; disclosure of information concerning insurance agreements; compelled production of information.
- 40.688 - Disclosure of defects by claimant to prospective purchaser of residence required; timing and contents of disclosure; duty of attorney to inform claimant of disclosure requirement.
- General Provisions
- 40.600 - Definitions.
- 40.603 - “Amend a complaint to add a cause of action for a constructional defect” defined.
- 40.605 - “Appurtenance” defined.
- 40.610 - “Claimant” defined.
- 40.615 - “Constructional defect” defined.
- 40.620 - “Contractor” defined.
- 40.623 - “Design professional” defined.
- 40.625 - “Homeowner’s warranty” defined.
- 40.630 - “Residence” defined.
- 40.632 - “Subcontractor” defined.
- 40.634 - “Supplier” defined.
- 40.635 - Applicability; effect on other defenses.
- Miscellaneous Provisions
- 40.6887 - Submission of questions or disputes concerning defects to State Contractors’ Board; regulations.
- 40.689 - Preference given to action; action may be assigned to senior judge; assessment of additional expenses.
- 40.690 - Limitation on bringing claim against governmental entity during period for resolution; effect of settlement; contractor or claimant may require party to appear and participate.
- 40.692 - Notice not required to be given to intervener in action.
- 40.695 - Tolling of statutes of limitation or repose; applicability.
- Repairs
- Special Procedures