Bill Text: HI SB2606 | 2024 | Regular Session | Amended
Bill Title: Relating To Construction.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2024-02-16 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC. [SB2606 Detail]
Download: Hawaii-2024-SB2606-Amended.html
THE SENATE |
S.B. NO. |
2606 |
THIRTY-SECOND LEGISLATURE, 2024 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CONSTRUCTION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 672E-3, Hawaii Revised Statutes, is amended to read as follows:
"[[]§672E-3[]] Notice of claim of construction defect. (a) A
claimant, no later than ninety days before filing an action against a
contractor, shall serve the contractor with a written notice of claim. The notice of claim shall [describe]:
(1) State that the claimant is asserting
a claim against the contractor for a defect in the design, construction, or
remodeling of a dwelling or premises; and
(2) Describe the claim in detail [and
include the results of any testing done.] and with sufficient particularity
and specificity to determine the circumstances constituting the alleged
construction defect and damages resulting from the construction defect;
provided that a general statement that a construction defect may exist shall be
deemed to be insufficient for purposes of this paragraph.
The notice of claim shall not constitute a claim under any applicable insurance policy and shall not give rise to a duty of any insurer to provide a defense under any applicable insurance policy unless and until the process set forth in section 672E‑5 is completed. Nothing in this chapter shall in any way interfere with or alter the rights and obligations of the parties under any liability policy.
(b) The claimant shall provide to the contractor
the notice of claim and evidence depicting the nature and cause of the
construction defect and the nature and extent of the repairs necessary to
correct the defect, including, if available to the claimant, expert-generated
reports, photographs, videos, and the results of any testing performed.
(c) Each claimant or class member shall comply
with this chapter, including allowing for inspection of each dwelling or
premise that is the subject of the claim in accordance with section 672E-4.
[(b)]
(d) A contractor served
with a written notice of claim shall serve any other appropriate subcontractor
with notice of the claim. The
contractor's notice shall include the claimant's written notice of claim.
[(c)]
(e) After serving the
notice of claim, a claimant shall give to the contractor reasonable prior
notice and an opportunity to observe if any testing is [done.] performed."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2040.
Report Title:
Housing; Construction Defects; Notices of Claims; Resolution Process; Claimant Requirements
Description:
Establishes additional requirements for notices of claims of construction defects. Takes effect 7/1/24040. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.