This bill proposes several updates to existing statutes regarding construction defect proceedings. It introduces new language that expands the circumstances under which a purchaser can file a dwelling action by allowing claims for defects that a seller previously refused to correct or failed to properly address. Additionally, it modifies the process for sellers and their construction professionals to respond to claims, replacing the requirement for a "notice of intent" with an "offer" to repair or replace defects. The bill also clarifies the burden of proof regarding construction defects, establishing that the seller must prove which construction professional's conduct contributed to the defect.
Furthermore, the bill includes provisions for the reporting of civil court judgments against licensed contractors, allowing the registrar to investigate and potentially suspend or revoke licenses based on violations. It also stipulates that the declarant of a development loses the right to enforce community governing documents after construction and marketing activities have ceased. The updates aim to streamline the resolution process for construction defect claims, enhance accountability for builders, and clarify the rights and responsibilities of all parties involved in dwelling actions.
Statutes affected: Introduced Version: 12-1362, 12-1363, 12-1364, 12-1366, 32-1155.01, 33-1231, 33-1251, 12-552, 6-801, 12-1361, 32-1158, 12-332, 32-1154