House File 430 - Introduced



                                       HOUSE FILE       
                                       BY  PAULSEN

                                       (COMPANION TO LSB 2372SS
                                        BY DANIELSON)


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to deficiencies in the repair or construction of
  2    residential real property.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2372HH 82
  5 rh/je/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  657B.1  DEFINITIONS.
  1  2    For the purposes of this chapter, the following definitions
  1  3 shall apply:
  1  4    1.  "Builder" means a builder or developer of a new
  1  5 residential unit that is sold on or after July 1, 2007.
  1  6    2.  "Claimant" includes an individual owner of a single=
  1  7 family home, an individual unit owner of an attached dwelling,
  1  8 and, in the case of a common interest development, an
  1  9 association.  "Claimant" does not include a person not in
  1 10 privity of contract with a builder.
  1 11    Sec. 2.  NEW SECTION.  657B.2  NOTICE OF CLAIM == CLAIMANT.
  1 12    Prior to filing an action for recovery of property damages
  1 13 arising out of, or related to deficiencies in, the repair or
  1 14 construction of the claimant's residence against a builder, a
  1 15 claimant shall provide written notice by certified mail,
  1 16 overnight mail, or personal delivery to the builder that the
  1 17 repair or construction of the claimant's residence is
  1 18 deficient or violates the applicable housing code or city
  1 19 ordinance.  The notice shall state the claimant's name,
  1 20 address, and contact information, and shall describe the
  1 21 nature of the claim in sufficient detail in order to determine
  1 22 the nature and location of the alleged violation.
  1 23    Sec. 3.  NEW SECTION.  657B.3  REPAIRS OR COMPENSATION.
  1 24    Within ten business days of the builder's receipt of a
  1 25 claimant's notice of claim, the claimant shall provide the
  1 26 builder with access to the claimant's residence and the
  1 27 builder shall inspect the defect and make an offer in writing
  1 28 which shall include either of the following:
  1 29    1.  A bona fide offer to compensate the claimant for repair
  1 30 of the defect and property damages caused by the defect.
  1 31    2.  An offer to repair with a detailed statement
  1 32 identifying the particular deficiency to be repaired, an
  1 33 explanation of the nature, scope, and location of the repair
  1 34 needed, and the estimated completion date of the repair, which
  1 35 shall occur within either twenty=one business days of the
  2  1 builder's receipt of the claimant's notice of claim, or within
  2  2 reasonable weather=related construction conditions, or as
  2  3 otherwise agreed to by the parties.
  2  4    Sec. 4.  NEW SECTION.  657B.4  REQUIREMENTS.
  2  5    A builder shall provide a claimant written notice of the
  2  6 requirements of this chapter at the time of closing for the
  2  7 sale of the property or at the time of completion of the
  2  8 repair.
  2  9                           EXPLANATION
  2 10    This bill relates to deficiencies in residential real
  2 11 property.  The bill requires a claimant, as defined by the
  2 12 bill, to provide a builder of residential real property with a
  2 13 notice of a claim against the builder prior to commencing an
  2 14 action against the builder for property damages arising from
  2 15 deficiencies in the repair or construction of the residential
  2 16 real property.  The notice of claim is required by the bill to
  2 17 state the claimant's name, address, and contact information,
  2 18 and to describe in detail the nature and location of the
  2 19 violation alleged against the builder.
  2 20    The bill allows a builder to offer to compensate the
  2 21 claimant for a deficiency or repair the deficiency.  The offer
  2 22 to compensate or repair must be made within 10 business days
  2 23 after the builder receives the claimant's notice of claim.  An
  2 24 offer to compensate must be a bona fide offer and an offer to
  2 25 repair must include a detailed statement identifying the
  2 26 particular deficiency to be repaired; an explanation of the
  2 27 nature, scope, and location of the repair; and an estimated
  2 28 completion date of the repair.  The estimated completion date
  2 29 of the repair is required by the bill to be within 21 days of
  2 30 the builder's receipt of the notice of claim, within
  2 31 reasonable weather conditions, or as otherwise agreed to by
  2 32 the parties.
  2 33 LSB 2372HH 82
  2 34 rh:nh/je/5