§8558.__Limitations

The procedures in this chapter do not create a cause of action on behalf of a claimant or contractor.__This chapter does not apply to a contractor's right to seek contribution from or indemnity or recovery against a subcontractor, supplier or design professional for any claim made against the contractor by a claimant.

§8559.__Effective date

This chapter applies to an action commenced after January 1, 2006, regardless of the date of sale or substantial completion of the residence at issue in the action.

SUMMARY

This bill requires a homeowner who intends to file an action against a manufacturer or dealer of manufactured housing alleging a construction defect to first provide written notice of each alleged construction defect to the manufacturer or dealer of manufactured housing 90 days before a suit is filed and provide the evidence supporting the claim. A claimant must provide the manufacturer or dealer of manufactured housing reasonable access to the residence to determine the nature and extent of the defect. The manufacturer or dealer of manufactured housing must respond to the claimant within 30 days of the notice and may offer to inspect the property, remedy the defect, compromise by payment or reject in whole or in part the claim. A court must dismiss an action commenced against a manufacturer or dealer of manufactured housing by a claimant who has failed to comply with the notice and opportunity to repair requirements. This bill also requires a manufacturer or dealer of manufactured housing contractor to provide notice of the provisions of this bill to a homeowner upon entering a home construction contract.