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Wisconsin becomes 28th State to Enact NOR Law — Virginia Bill Awaits Governor’s Signature
When Wisconsin Governor Jim Doyle (D) signed Senate Bill 448 yesterday, his state became the 28th in the nation to enact notice and opportunity to repair (NOR) legislation that makes it easier and less expensive for builders and home owners to resolve construction defect disputes.
The new law requires home owners to give builders written notice of an alleged construction defect prior to filing a lawsuit. The builder then has 30 days to inspect and offer to remedy the defect within a reasonable period of time, offer to settle the claim via monetary payment, or choose to reject the claim altogether and allow a home owner to proceed with a lawsuit.
“We're very pleased to have adopted NOR legislation in the Wisconsin legislature this session,” said Brad Boycks, Director of Political Affairs at the Wisconsin Builders Association (WBA). “Providing contractors with notification and allowing them an opportunity to inspect and repair is an important step, and we hope it will lessen the number of cases unnecessarily taken to the courts.”
Wisconsin joins 27 other states that already have NOR laws on the books. The Virginia Legislature recently adopted House Bill 558 which strengthens the State’s current NOR law. The bill is currently awaiting Governor Tim Kaine’s (D) signature. Several other states are also considering NOR
legislation in the current legislative cycle.
"It's worth noting that more than half of states have enacted notice and opportunity to repair laws," said NAHB President David Pressly. "This is certainly not a coincidence. Across the country, state legislators and governors have recognized that contentious litigation is not the best way to resolve construction defect disputes."
"Notice and opportunity to repair laws provide a common-sense approach to dealing with construction defect problems," Pressly added. "It's an approach that has received widespread and bi-partisan support across the country. This support goes beyond government officials to the members of our industry and the public in general. This is just one of the many key industry issues the Wisconsin Builders Association has been successful in moving forward for their members.”
For more information on Wisconsin’s new law, e-mail Brad Boycks with WBA, or call him at 800-362-9066 x16. If you would like more information on NOR laws across the country, e-mail Gerry Keegan in NAHB's State & Local Government Affairs department, or call him at 800-368-5242 x8326.
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