Notice and Opportunity to Repair Legislation Recap
Efforts to advance notice and opportunity to repair legislation in states this year were very successful, as 11 states passed bills establishing a process where construction defect disputes are fixed rather than litigated. 

Here are the highlights:

• Alaska, Colorado, Florida, Idaho, Indiana, Kansas, Kentucky, Montana, Nevada, South Carolina and West Virginia are the states that enacted legislation in 2003. Those states join Arizona, California, Michigan and Washington on the list of states with notice and opportunity laws.
• Legislatures in Illinois, Ohio, Oregon and Pennsylvania are still considering legislation.
• Arkansas, Mississippi, New Mexico and Oklahoma considered bills during their respective sessions.
• Additionally, Texas Governor Perry recently signed into law a major industry reform bill to help address disputes over construction defects.  (Go to story)

Generally, notice and opportunity to repair laws require homeowners to notify builders of alleged construction defects prior to filing lawsuits and establishes a time frame for the process. Although the legislation preserves a homeowner's right to sue, this approach helps solve consumer complaints and addresses construction defect concerns in a way that can help both the homeowner and the builder avoid expensive court battles. 

For more information on notice and opportunity to repair laws, contact NAHB's Sam Leyvas at 800-368-5242 x8326. [ return to top ]