03RS HB289


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HB 289 (BR 321) - R. Damron, T. Thompson, S. Brinkman, R. Crimm, T. Feeley, C. Hoffman, T. Kerr, P. Marcotte, R. Palumbo, C. Walton

     AN ACT relating to construction defect claims asserting property loss and damage.
     Create new sections of KRS Chapter 411 to require a homeowner who desires to bring a civil action or other claim against a home builder to first give notice of the defect, provide the builder an opportunity to inspect and repair the defect, and provide for a schedule of notices and times; provide that suit against a home builder may be brought only after compliance with notice and opportunity to repair provisions.


     HCS - Amend to clarify that home owner may accept or reject offers to cure defect or offers to provide monetary settlement.

     SCS - Remove definition of "substantial remodel" from Section 1 and make amendments to conform; change definition of "construction professional" to mean a builder; amend subsection (1) of Section 5 to remove sixty day waiting period and time to cure before lawsuit may be filed; amend subsection (6) of Section 5 to remove provision for dismissal without prejudice and provide that judge may hold action in abeyance pending compliance with statutory requirements to cure defects; delete provision of subsection (8) of Section 5 relating to procedure for subsequently discovered defects added to claim; remove Section 6, renumber subsequent sections, and make amendments to conform; and amend previous Section 9 to provide that noncompliance with the statutory procedures to cure defects shall not operate as an affirmative defense in an action against the construction professional for emergency repairs.

     Feb 4-introduced in House
     Feb 5-to Judiciary (H)
     Feb 7-posted in committee
     Feb 19-reported favorably, 1st reading, to Calendar with Committee Substitute
     Feb 20-2nd reading, to Rules
     Feb 21-posted for passage in the Regular Orders of the Day for Monday, February 24, 2003
     Feb 24-3rd reading, passed 96-0 with Committee Substitute
     Feb 25-received in Senate
     Feb 26-to Judiciary (S)
     Mar 4-reported favorably, 1st reading, to Calendar with Committee Substitute
     Mar 5-2nd reading, to Rules
     Mar 10-posted for passage in the Regular Orders of the Day for Tuesday, March 11, 2003
     Mar 11-3rd reading, passed 36-0 with Committee Substitute ; received in House; posted for passage for concurrence in Senate Committee Substitute ; House concurred in Senate Committee Substitute ; passed 88-0; enrolled, signed by each presiding officer; delivered to Governor
     Mar 18-signed by Governor (Acts ch. 123)

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