Magna Carta News
Wednesday, February 04, 2004
Helping resolve consumer & contractor disputes faster
Oklahoma House of Representatives
Media Division
February 3, 2004
OKLAHOMA CITY - A state legislator who has expertise in building houses has filed a measure that would help contractors and customers hammer out complaints about defects in workmanship before a dispute is referred to a courtroom.
House Bill 2136 By Rep. Ray Miller, D-Whitefield, would create the "Construction Defect Remediation Act."
"This measure would establish another step to bring homeowners and contractors together to reach an agreement before the matter is handled through a civil trial process," Miller said. "Court costs and attorney fees could cost more than the original cost of repairs or compensation."
HB 2136 would direct a purchaser who has a complaint about alterations or repairs to a residence to send a notice of defects to the contractor via certified mail at least 90 days prior to filing a civil action. The contractor would then have 15 days to provide a good-faith written response to the purchaser that would include an offer to repair, replace or make compensation.
The purchaser would have another 15 days to respond to the contractor's written good-faith notice, which could include a counteroffer to the contractor's original repair or compensation submission.
The contractor would be authorized to request an inspection of the residence before offering to make repairs or replacements and would provide a response within 15 days after the inspection.
Miller said any litigation arising from construction defects would be limited to actual damages, would not include consequential or punitive damages, and damages could not exceed the "reasonable" cost of necessary repair or replacement.
Some areas in which the contractor would not be liable would include negligence by a person other than a contractor; normal wear, tear, or deterioration of the residence; or a contractor's reliance on written information about the residence that was obtained from official government records.
HB 2136 has been assigned to the House Committee on the Judiciary.
- 30 -
Scott Hancock
Media Specialist
Oklahoma House of Representatives
1-800-522-8502 ext 422
Oklahoma House of Representatives
Media Division
February 3, 2004
OKLAHOMA CITY - A state legislator who has expertise in building houses has filed a measure that would help contractors and customers hammer out complaints about defects in workmanship before a dispute is referred to a courtroom.
House Bill 2136 By Rep. Ray Miller, D-Whitefield, would create the "Construction Defect Remediation Act."
"This measure would establish another step to bring homeowners and contractors together to reach an agreement before the matter is handled through a civil trial process," Miller said. "Court costs and attorney fees could cost more than the original cost of repairs or compensation."
HB 2136 would direct a purchaser who has a complaint about alterations or repairs to a residence to send a notice of defects to the contractor via certified mail at least 90 days prior to filing a civil action. The contractor would then have 15 days to provide a good-faith written response to the purchaser that would include an offer to repair, replace or make compensation.
The purchaser would have another 15 days to respond to the contractor's written good-faith notice, which could include a counteroffer to the contractor's original repair or compensation submission.
The contractor would be authorized to request an inspection of the residence before offering to make repairs or replacements and would provide a response within 15 days after the inspection.
Miller said any litigation arising from construction defects would be limited to actual damages, would not include consequential or punitive damages, and damages could not exceed the "reasonable" cost of necessary repair or replacement.
Some areas in which the contractor would not be liable would include negligence by a person other than a contractor; normal wear, tear, or deterioration of the residence; or a contractor's reliance on written information about the residence that was obtained from official government records.
HB 2136 has been assigned to the House Committee on the Judiciary.
- 30 -
Scott Hancock
Media Specialist
Oklahoma House of Representatives
1-800-522-8502 ext 422
