Reasonable access for inspection; action for construction defect;
notice of rejection; notice to terminate offer or proposal
Sec. 4. (a) If the construction professional makes a proposal to
inspect the residence under section 2(b)(1) of this chapter and the
claimant elects to allow the construction professional to inspect in
accordance with the construction professional's proposal, the
claimant must provide the construction professional and the
construction professional's contractors or other agents reasonable
access to the claimant's residence during normal working hours to
inspect the premises and the claimed defect.
(b) Within fourteen (14) days after the completion of an
inspection pursuant to a proposal under section 2(b)(1) of this
chapter, the construction professional must serve on the claimant:
(1) a written offer to remedy the construction defect at no cost
to the claimant, including a report of the scope of the
inspection, the findings and results of the inspection, a
description of the additional construction necessary to remedy
the defect described in the claim, and a timetable for the
completion of such construction;
(2) a written offer to compromise and settle the claim by
monetary payment under section 2(b)(2) of this chapter; or
(3) a written statement that the construction professional will
not proceed further to remedy the defect.
(c) If the construction professional:
(1) makes a written offer to remedy the construction defect
under subsection (b)(1) but does not proceed further to remedy
the construction defect within the agreed timetable; or
(2) fails to serve a written offer or statement on the claimant
under subsection (b);
the claimant may bring an action against the construction
professional for the claim described in the notice of claim without
further notice.
(d) If the construction professional makes an offer under
subsection (b)(1) or (b)(2) to remedy the construction defect or to
compromise and settle the claim by monetary payment and the
claimant rejects the offer, the claimant shall serve written notice of
the claimant's rejection on the construction professional. After
service of the rejection notice, the claimant may bring an action
against the construction professional for the construction defect
claim described in the notice of claim.
(e) If the construction professional makes an offer under
subsection (b)(1) or (b)(2) and does not receive an acceptance or
rejection of the offer from the claimant within sixty (60) days after
the claimant's receipt of the construction professional's response, the
construction professional may terminate the offer by serving written
notice on the claimant.
As added by P.L.134-2003, SEC.1.
Last modified: May 24, 2006