Title 36, Civil Remedies And Defenses And Special Proceedings

[§672E-13] Dismissal without prejudice. The court or arbitrator shall dismiss, without prejudice, any action failing to meet the requirements of this chapter, unless: provided that the exceptions provided by this section to any specific requirement of this chapter shall not excus…

[§672E-2 Applicability.] All claimants filing an action alleging construction defects shall comply with this chapter; provided that this chapter shall not apply to any actions that include claims for personal injury or death. [L 2004, c 119, pt of §2]

§672E-3 Notice of claim of construction defect. (a) A claimant, no later than ninety days before filing an action against a contractor, shall serve the contractor with a written notice of claim. The notice of claim shall: The notice of claim shall not constitute a claim under any…

§672E-4 Rejection of claim; opportunity to repair construction defect. (a) The contractor rejects a claimant's claim of construction defects by: (b) The contractor, within thirty days after service of the notice of claim, shall serve the claimant and any other contractor that has…

§672E-5 Written notice of acceptance; access to premises. (a) The claimant, within thirty days after receipt of a contractor's settlement offer, may accept any offer by serving the contractor with a written notice of acceptance; provided that an association shall have forty-five …

§672E-6 Offer of settlement. (a) Any time after the service of the notice of claim, any party may serve an offer of settlement. (b) If the offer is accepted, the parties shall be deemed to have resolved the claim in whole or in part pursuant to the offer. (c) An offer not accepte…

§672E-7 Mediation. (a) If the parties are unable to resolve the claim pursuant to section 672E-5 or 672E-6, all parties shall attempt to resolve the dispute through mediation, even if mediation is not otherwise ordered or mandated by contract or by law; provided that the parties …

§672E-8 Statute of limitations on actions exception. If an applicable statute of limitation or repose would preclude an action after the notice of claim has been served but before the dispute is resolved under this chapter, the claimant may file an action against the contractor b…

[§672E-9] Additional construction defects. A construction defect discovered after the notice of claim is served may not be alleged in an action until the claimant has given the contractor: