HCS HB 347 -- DEFECTIVE RESIDENTIAL CONSTRUCTION (Pratt)

This substitute establishes a procedural prerequisite for filing
a lawsuit for defective residential construction.  In its main
provisions, the substitute:

(1)  Requires contractors to provide written notice to
homeowners, including homeowners' associations, upon entering
contracts of the right to offer to cure construction defects
before homeowners may file legal actions;

(2)  Requires homeowners to provide a written notice to
contractors detailing the alleged defective construction prior to
filing a lawsuit;

(3)  Requires contractors to respond timely in writing, offering
an inspection followed by repair, monetary compensation, or
disputation of the claim; offering monetary compensation; or
disputing the claim; and

(4)  Describes the circumstances in which homeowners must first
attempt a mediation of claims or when they may proceed directly
to filing a lawsuit.

FISCAL NOTE:  No impact on state funds in FY 2006, FY 2007, and
FY 2008.

Missouri House of Representatives
93rd General Assembly, 1st Regular Session
Last Updated August 25, 2005 at 1:18 pm