LD 1403
pg. 6
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LR 685
Item 1

 
of the claimant's rejection on the contractor. The notice must
include the known specific factual and legal reasons for the
claimant's rejection of the contractor's supplemental settlement
offer.__After securing written notice under this subsection, the
claimant may bring an action against the contractor for the claim
described in the notice of claim without further notice except as
otherwise provided in this Title.

 
10.__Written notice of acceptance.__A claimant who accepts an
offer of a contractor under this section to remedy a construction
defect must serve the contractor with a written notice of
acceptance within 30 days after receipt of the contractor's
settlement offer. If a claimant initiates an action under this
chapter without first accepting or rejecting the offer, the court
shall dismiss the action pursuant to section 8553.

 
11.__Reasonable access required.__If a claimant accepts a
contractor's offer to repair a construction defect described in a
notice of claim under subsection 1, the claimant shall provide
the contractor and a subcontractor, agent, expert or consultant
of the contractor prompt and reasonable access to the residence
to perform and complete the repair by the timetable stated in the
settlement offer.

 
12.__Statute of limitations. A claimant's service of the
written notice of claim under subsection 1 tolls the statute of
limitations relating to any person covered by this chapter until
the later of:

 
A.__Ninety days after the contractor's receipt of the notice
of claim pursuant to subsection 1; and

 
B.__Thirty days after the end of the repair period or
payment period stated in the offer, if the claimant has
accepted the offer. By stipulation of the parties, the
period may be extended and the statute of limitations is
tolled during the extension.

 
§8555.__Additional construction defects; additional notice and

 
opportunity to repair not required

 
A construction defect that is discovered after a claimant has
provided a contractor with a notice of claim under section 8554,
subsection 1 and that is substantially related to the factual
circumstances, acts or omissions giving rise to the construction
defects alleged in the notice of claim may be alleged in an
action involving the claims alleged in the notice of claim
without following the notice of claim procedure required by this
chapter.


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