Notice and Opportunity to Repair Making Steady Progress
Bills recently passed in Idaho, Kansas, Indiana, Montana and Colorado

The notice and opportunity to repair movement has notched several more victories within the last month. Construction defect legislation in Idaho, Kansas, Indiana, Montana and Colorado has been either signed into law or passed by the state legislature.

The bills contain similar notice provisions, requiring claimants to tell builders ahead of time of their intent to file a suit. Builders then have the option to remedy the alleged defect or settle it by payment.

From there, the bills differ in scope. For example,

• Idaho’s HB 133 extends the notice and opportunity process to all homeowners — not just new construction — and applies to all subcontractors involved in the home’s construction. The bill also contains damage limits.
• In addition to limits on damages, HB 2294 in Kansas requires builders to provide contact information and work descriptions for all subcontractors involved in the project. The bill also contains language on claims made by homeowner associations. 
• SB 451 in Indiana contains extensive language on attorney’s fees, including awarding fees to builders if the claimant does not allow adequate time for the builder to fix the defect.
• Montana’s HB 389 includes a statute of limitations and places very specific limits on damages.
• Colorado’s 1161 caps non-monetary damages to $250,000 (in most cases) and includes assignment of attorney fees.

Similar notice and opportunity to repair legislation is still being considered in eight states, including Alaska, Florida, Illinois, Missouri, Nevada, Oregon, South Carolina and Texas.

For more information on notice and opportunity to repair laws, contact Marie Zenner at 800-368-5242 x8279. [ return to top ]