TITLE 6

ACTIONS IN PARTICULAR CASES

CHAPTER 25

NOTICE AND OPPORTUNITY TO REPAIR ACT

6-2502.  Definitions. Unless the context clearly requires otherwise, as used in this chapter:

(1)  "Action" means any civil lawsuit or action in contract or tort for damages or indemnity brought against a construction professional to assert a claim, whether by complaint, counterclaim or cross-claim, for damage or the loss of use of real or personal property caused by a defect in the construction of a residence or in the substantial remodel of a residence. "Action" does not include any civil action in tort alleging personal injury or wrongful death to a person or persons resulting from a construction defect.

(2)  "Association" means a homeowner’s association, condominium management body, unit owner’s organization or a nonprofit corporation created to own and operate portions of a planned community which has the power to assess unit owners to pay the costs and expenses incurred in the performance of the association’s obligations.

(3)  "Claimant" means a homeowner or association that asserts a claim against a construction professional concerning a defect in the construction of a residence or in the substantial remodel of a residence.

(4)  "Construction professional" means any person with a right to lien pursuant to section 45-501, Idaho Code, an architect, subdivision owner or developer, builder, contractor, subcontractor, engineer or inspector, performing or furnishing the design, supervision, inspection, construction or observation of the construction of any improvement to residential real property, whether operating as a sole proprietor, partnership, corporation, limited liability company or other business entity.

(5)  "Homeowner" means:

(a)  Any person who contracts with a construction professional for the construction, sale, or construction and sale of a residence; and

(b)  An association as defined in this section.

"Homeowner" includes a subsequent purchaser of a residence from any homeowner.

(6)  "Person" means an individual, an association as defined in this section, or a corporation, business trust, estate, trust, partnership, limited liability company, joint venture or other legal business entity.

(7)  "Residence" means a single-family house, duplex, triplex, quadraplex, condominium or a unit in a multiunit residential structure in which title to each individual unit is transferred to the owner under a cooperative system.

(8)  "Serve" or "service" means personal service or delivery by certified mail to the last known address of the addressee.

(9)  "Substantial remodel" means a remodel of a residence, for which the total cost exceeds one-half (1/2) of the assessed value of the residence for property tax purposes at the time the contract for the remodel work was made.

History:

[6-2502, added 2003, ch. 133, sec. 1, p. 386.]