Sec. 22-705. Claimant's notice to builder of construction defects; builder's acknowledgement; inspection.
(a) Claimant's notice. Upon the discovery of any alleged construction defect, a claimant must provide written notice via certified mail or personal delivery to the party alleged to have caused or contributed to the construction defect, in the manner prescribed in this section, indicating that one or more construction defects exist in claimant's residence or, with respect to any homeowners' association, that one or more construction defects exist in any residence or in any common area or facility. The notice must:
(1) Provide the claimant's name, address and preferred method of contact;
(2) State that the claimant alleges a construction defect pursuant to this article against the builder; and
(3) Describe the claim in reasonable detail sufficient to determine the nature and location of the alleged construction defect.
(b) Builder's responsibilities. After receiving notice of a potential construction defects claim, a builder must do each of the following:
(1) Acknowledge the claim in writing.
a. A builder who receives a notice under this article shall acknowledge receipt of the notice, in writing, within 30 days after receipt. The acknowledgement shall be sent to the claimant and to any attorney the builder knows to be representing the claimant in connection with the notice. If the builder has retained legal counsel, said counsel shall thereafter communicate with the claimant's legal representative, if any.
b. If the builder fails to acknowledge receipt of a notice within the time specified, this article shall not apply and the claimant shall be released from the requirements of this article and may proceed with the filing of an action against the builder, unless notice and consent are required by section 22-711 of this Code.
(2) Maintain an agent for notice. Maintain an agent for notice with the secretary of state; and
(3) Provide information to the claimant. If specifically asked to do so by the claimant and within 30 days of such a request, provide the claimant or claimant's legal representative with:
a. Copies of all relevant plans, specifications, grading plans, soils reports and available engineering calculations pertaining to the claimant's residence, common areas and facilities that are the subject of the claim;
b. All maintenance and preventative maintenance recommendations pertaining to the claimant's residence, common areas and facilities that are the subject of the claim; and
c. Contractual warranty information.
(c) Charge of copying costs. A builder responding to a claimant's request for documents may charge reasonable copying costs and may require the copies of the documents to be made on site.
(d) Builder's election to inspect property. In addition to the requirements set forth in this section, if the builder elects to inspect and conduct tests regarding the claimed construction defect, the builder shall complete the initial inspection and testing, if any, within 60 days after the builder acknowledged receipt of the notice, and at a mutually agreeable date and time. The builder shall bear all costs of inspection and testing, including the cost to repair any damage caused by the inspection and testing. Before entering onto the premises for the inspection, the builder shall supply the claimant with proof of liability insurance coverage. The builder shall, upon request, allow the inspection to be observed and recorded or photographed. Nothing that occurs during a builder's inspection may be used or introduced as evidence to support a defense of spoliation of evidence by any potential party in subsequent litigation.
(e) Builders who fail to comply with article. A builder who fails to comply with any of the requirements of this section within the time specified shall not be entitled to the protection of this article, and the claimant shall be released from the requirements of this article and may proceed with the filing of an action, unless notice and consent are required by section 22-711 of this Code.
(f) Statute of limitations. If a notice is sent to the builder in accordance with this section within the time prescribed for the filing of an action under any applicable statute of limitations or repose, then the statute of limitations or repose is tolled until 60 days after the completion of the notice process described in this section. If the builder elects to repair pursuant to section 22-706 of this Code, then the statute of limitations or repose is tolled until 60 days after the completion of repairs. (Ord. No. 2015-35, § 1, 9-14-2015)