House Co-Sponsorship Memoranda

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House of Representatives
Session of 2017 - 2018 Regular Session

MEMORANDUM

Posted:	September 5, 2017 11:25 AM
From:	Representative Bernie O'Neill
To:	All House members
Subject:	Home Builder's Construction Defects

I am preparing to introduce a two-bill package to better hold home builders accountable for construction defects. My office and others have received numerous complaints from homeowners who purchased a home, only to find out that it contained an expensive – and sometimes dangerous – construction defect. These defects involved faulty workmanship, improper installation, or defective materials, and affected numerous homes within the same developments. Although home builders became aware of instances where these home construction defects exist at a property, they did nothing to notify other affected homeowners, worsening the problem. Homebuyers, frequently making the largest purchase of their lives, deserve better.

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Document #1

Description:

The first piece of legislation will amend the statute of repose for suits filed with regard to construction defects (Title 42, Section 5536) to increase the amount of time a property owner has to file a lawsuit (from the date of the completion of construction) from 12 years to 15 years.  This bill will also clarify that subsequent owners of the property, in addition to the original owner, may file suit for construction defects within the 15-year timeframe.

Document #2

Description:

The second piece of legislation is intended to serve as a disclosure vehicle.  When a builder becomes aware of a construction defect, the builder will have to notify the homeowner and any other homeowner who the builder suspects may be affected by a substantially similar defect.   For example, if a builder becomes aware that a window installer improperly installed flashing on a house in a development, the builder will have to notify any homeowner in the development whose home may be affected by the same inferior window installations.  Under this bill, home builders will be liable for any damages that result from their failure to notify property owners of discovered construction defects.   Please cosponsor this legislation and join me in expanding protections for homeowners who, through no fault of their own, are faced with costly remediation of construction defects and potential health hazards.