Idaho homeowners or buyers who buy a newly constructed home or have a remodeling project completed have six years from the project’s completion to file a repose claim. Then, homeowners have another two years under the statute of limitations. Idaho also has a Notice and Opportunity to Repair Act that deals with the situation.
Notice and Opportunity to Repair Act
Idaho’s Notice and Opportunity to Repair Act applies to damage done to a home caused by poor workmanship on a contractor’s part. It can be any building intended as a residence for one or more individuals, including buildings in an apartment complex, duplex or single-family home. This commercial construction law requires the contractor be given a chance to fix the problem before filing a lawsuit.
How must the contractor be given the notice?
The homeowner must give the notice to fix the real or perceived problem in writing. The written notice must state in general detail what they believe the defect is and ask the contractor to fix it. The plaintiff cannot file a claim within 60 days of giving the contractor this notice, or a judge will dismiss the case without prejudice, meaning that it can be refiled if necessary. Then, the case can be refiled within the initial eight years.
What must the construction contractor do?
Within 21 days, the contractor must contact the homeowner in writing. The response must include an offer to meet with the homeowner to see the area in dispute. After inspecting the site, the contractor can offer to fix the problem, pay for damages or dispute that there is a problem. If the two parties cannot agree, then the homeowner can take the contractor to court. In that case, a commercial construction law attorney may be able to help the contractor.
The law says that the homeowner must give the contractor a chance to fix any new build or remodeling defect they caused if the damage occurs within six years. A lawyer may be able to help a contractor decide what their next move should be.
