This statute dramatically altered the industry in the litigation of construction defect claims by requiring homeowners to provide contractors and other allegedly responsible parties with prior written notice and an opportunity to cure the alleged defects prior to filing a lawsuit.
Furnish a summary of the obligations, responsibilities, and time limitations imposed on the parties required to serve notice of the defect and those parties receiving notice of the defect.
Discuss both the positive and negative aspects as it relates to both parties concerning the Mutual Exchange of Evidence, the Right to Inspect the Property, Destructive Testing, the Contractor’s Failure to Take Any Action, the Contractor’s Failure to Honor an Agreement to Make Repairs, and the time limits to complete promised repairs.