Attorney's fees and costs to construction professional; deduction
of sums paid under warranty; failure to comply
Sec. 9. (a) If a claimant:
(1) unreasonably rejects a reasonable written offer of settlement
made under this chapter; or
(2) does not permit the construction professional a reasonable
opportunity to inspect or to repair the defect under a reasonable
offer of settlement;
and thereafter commences an action governed by this chapter, the
court may deny the claimant attorney's fees and costs and award
attorney's fees and costs to the construction professional. However,
a homeowner is not required to accept an offer to repair the defect
when the defect is caused by the construction professional's
noncompliance with applicable building codes.
(b) Any sums paid under a homeowners warranty, other than sums
paid in satisfaction of claims that are collateral to any coverage
issued to or by the construction professional, must be deducted from
any recovery.
(c) If a construction professional fails to comply with the
requirements of this chapter, the claimant is not obligated to comply
further with the provisions of this chapter.
As added by P.L.134-2003, SEC.1.
Last modified: May 24, 2006