LD 1403
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LD 1403 Title Page An Act To Create an Alternative Method of Dispute Resolution in Homeowner Claim... Page 2 of 8
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LR 685
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 14 MRSA c. 755 is enacted to read:

 
CHAPTER 755

 
HOMEOWNER CLAIMS

 
§8551.__Legislative findings

 
The Legislature finds that it is beneficial to have an
alternative method to resolve construction disputes for
manufactured housing to reduce the need for litigation and
protect the rights of homeowners. An effective alternative
dispute resolution mechanism in certain construction defect
matters should involve the claimant's filing a notice of claim
with the manufacturer or dealer of the manufactured housing that
the claimant asserts is responsible for the defect and should
provide the manufacturer or dealer of the manufactured housing
with an opportunity to resolve the claim without resort to
further legal process.

 
§8552.__Definitions

 
1.__Action.__"Action" means a civil action or arbitration
proceeding for damages or indemnity asserting a claim for damage
to or loss of a residence or personal property caused by an
alleged construction defect, but does not include an
administrative action or civil action or arbitration proceeding
asserting a claim for alleged personal injuries arising out of an
alleged construction defect.

 
2.__Association.__"Association" means an association organized
pursuant to the laws of the State that represents the interests
of a group of owners of residential property, including, but not
limited to, a condominium association, a cooperative or an
association that represents the owners of mobile homes on rented
lots in a mobile home park.

 
3.__Claimant.__"Claimant" means a homeowner who asserts a
claim against a contractor concerning a defect in the
construction of a residence or in the substantial remodeling or
repair of a residence. "Claimant" does not include a contractor,
subcontractor, supplier or design professional.

 
4.__Construction defect.__"Construction defect" means a
deficiency in or arising out of the design, specifications,
surveying, planning, supervision, observation of construction,
construction, repair, alteration or remodeling of a residence,


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