Page 2, line 5
COMMITTEE ON JUDICIARY
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2578
(Reference to printed bill)
Page 1, strike lines 2 through 45
Page 2, strike lines 1 through 30
Renumber to conform
Page 3, line 3, after "A" insert "material"
Line 5, after the first "THAT" strike remainder of line; strike line 6,
Line 7, strike "OF THE DWELLING AT THE TIME OF THE CLAIM AND"; strike "EITHER" insert "one"
Line 9, strike "LAW, INCLUDING"; strike the second comma
Between lines 13 and 14, insert:
"(c) THE FAILURE TO ADHERE TO GENERALLY ACCEPTED WORKMANSHIP STANDARDS IN THE COMMUNITY."
Line 24, after the second "action" insert "involving a construction defect"
Lines 25 and 26, strike "A CONSTRUCTION DEFECT OR"
Between lines 29 and 30, insert:
"8. "MATERIAL DEFICIENCY" MEANS A DEFICIENCY THAT ACTUALLY IMPAIRS THE STRUCTURAL INTEGRITY, THE FUNCTIONALITY OR THE APPEARANCE OF THE DWELLING AT THE TIME OF THE CLAIM, OR IS REASONABLY LIKELY TO ACTUALLY IMPAIR THE STRUCTURAL INTEGRITY, THE FUNCTIONALITY OR THE APPEARANCE OF THE DWELLING IN THE FORESEEABLE FUTURE IF NOT REPAIRED OR REPLACED."
Renumber to conform
Line 34, after "dwellings" insert "including construction professionals"
Page 5, lines 16, 18 and 22, strike "CASH" insert "monetary compensation"
Page 6, line 13, after the period insert "IF REQUESTED BY THE PURCHASER, REPAIR OR REPLACEMENT OF ALLEGED CONSTRUCTION DEFECTS UNDERTAKEN BY THE SELLER SHALL BE PERFORMED BY A CONSTRUCTION PROFESSIONAL SELECTED BY THE SELLER AND CONSENTED TO BY THE PURCHASER, WHOSE CONSENT SHALL NOT BE UNREASONABLY WITHHELD, THAT WAS NOT INVOLVED IN THE CONSTRUCTION OR DESIGN OF THE DWELLING."
Line 25, strike "SUBJECT TO" insert "considering"
Page 6, line 33, strike "CASH" insert "monetary compensation"
Line 35, after "ACTION" insert "OR, IF THE CONTRACT FOR THE SALE OF THE DWELLING OR THE COMMUNITY DOCUMENTS CONTAIN A COMMERCIALLY REASONABLE ALTERNATIVE DISPUTE RESOLUTION PROCEDURE THAT COMPLIES WITH SECTION 12-1366, SUBSECTION c, MAY INITIATE THE DISPUTE RESOLUTION PROCESS"
Page 8, line 15, after "NOTICE" strike remainder of line; strike lines 16 through 18, insert "AND THE IMPAIRMENT TO THE DWELLING THAT HAS OCCURRED AS A RESULT OF EACH OF THE ALLEGED CONSTRUCTION DEFECTS OR IS REASONABLY LIKELY TO OCCUR IF THE ALLEGED CONSTRUCTION DEFECTS ARE NOT REPAIRED OR REPLACED."
Lines 42 and 43, strike "AND A DWELLING ACTION HAS BEEN FILED"
Page 9, line 16, after "33-1802" insert ", INCLUDING COVENANTS, CONDITIONS AND RESTRICTIONS AND DEED RESTRICTIONS APPLICABLE TO THE DWELLING"
Line 27, after the second "action" insert "involving a construction defect as defined in section 12-1361"
Line 29, strike "A CONSTRUCTION DEFECT AS DEFINED IN SECTION 12-1361 OR"
Amend title to conform