| | | B.__Offers to compromise and settle the claim by monetary | | payment and includes a timetable for making payment; |
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| | | C.__Offers to compromise and settle the claim by a | | combination of repairs and monetary payment and includes a | | detailed description of the proposed repairs and a timetable | | for the completion of such repairs and making payment; or |
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| | | D.__Disputes the claim and states that the contractor will | | not remedy the defect or compromise and settle the claim. |
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| | | 5.__Contractor's rejection of claim; failure to respond or | | remedy. If a claimant receives a written statement that the | | contractor will not proceed further to remedy the defect pursuant | | to subsection 2, paragraph E or subsection 4, paragraph D or the | | contractor does not respond to the claimant's notice of claim | | within the time required by subsection 2, 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 by this Title. |
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| | | 6.__Claimant's acceptance of offer; failure to respond or | | remedy.__If a claimant accepts a contractor's offer made pursuant | | to subsection 2, paragraph A, B or C or subsection 4, paragraph | | A, B or C and the contractor does not make the monetary payment | | or remedy the construction defect within the agreed timetable, | | 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 by this Title and file the | | contractor's offer and claimant's acceptance, which creates a | | rebuttable presumption that a binding and valid settlement | | agreement was created. |
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| | | 7.__Claimant's rejection of offer.__If the claimant rejects an | | offer made by a contractor pursuant to subsection 2 or 4 to | | remedy a construction defect or to settle a claim by monetary | | payment or a combination of both, the claimant may serve written | | notice 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 offer. |
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| | | 8.__Supplemental offer.__Upon receipt of a claimant's | | rejection and the reasons for the rejection under subsection 7, | | the contractor may, within 15 days of receiving the rejection, | | make a supplemental offer pursuant to subsection 2, paragraph A, | | B or C or subsection 4, paragraph A, B or C. |
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| | | 9.__Claimant's rejection of supplemental offer.__If the | | claimant rejects a supplemental offer made by the contractor | | pursuant to subsection 8, the claimant may serve written notice |
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