LD 1403
pg. 5
Page 4 of 8 An Act To Create an Alternative Method of Dispute Resolution in Homeowner Claim... Page 6 of 8
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LR 685
Item 1

 
B.__Offers to compromise and settle the claim by monetary
payment and includes a timetable for making payment;

 
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

 
D.__Disputes the claim and states that the contractor will
not remedy the defect or compromise and settle the claim.

 
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.

 
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.

 
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.

 
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.

 
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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