State and Local Reporter - 08/05/2003 (Plain Text Version)

Debora Trimpe, Chair
Flower Mound, Texas

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In this issue:
Brookings' Report on Impact Fees Is Flawed, Says NAHB
Texas Adopts Major Building Industry Reform Package
Big Picture Look at State, Local Governments' Fiscal Crises
Notice and Opportunity to Repair Legislation Recap
New IRS Web Site for Sec. 527 Groups
Legal News: Two Precedent-Setting Cases Could Reach Supreme Court
Get State, Federal Legislative Information on Enhanced NAHB Web Site
NAHB-Supported Federal Tax Bill a Plus for Builders and Small Businesses
SLGA Conference Helps Alaska Association Advance NOR Bill
Industry News
Tools Available to Promote Positive Industry Image

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.