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Construction Defects & Right to Cure Bill Updates and Future

Curt Martin, Peckar & Abramson, PC, briefed the AGC TBB attendees on the new proposed HB 2343 which concerns the Right to Repair Construction Defects and the value Representative Workman brought to the House Business and Industry Committee in defending it.

Two years ago, AGC TBB reached out to Martin to review construction defect claims processes and how to resolve the Right to Repair Statute. He analyzed 34 different bills in 34 different states, looking for simpler schemes in the process. He noted, “We chose to pattern this proposed new statute on the condominium bill that passed a few years ago. The condo bill was written in simpler language and we modified it to include emergency repairs.”

AGC TBB worked with other industry groups to come up with a bill that was fair and representative of the construction industry, including owners and insurers. “Paul Workman defended our bill and we saw first-hand the value of having someone who is on the dais as part of the process.” As the issues were being debated, the committee chairman often turned to Paul Workman for clarity. “Thanks to Paul, he managed to shepherd our bill through, and the next day we drafted their proposed amendments. The committee passed it unanimously”, he stated.

While the bill passed the House Business & Industry committee 7-0, it was set on the House calendar but died to chubbing until the deadline. The bill reemerged as a draft floor amendment to SB 1215 (Contractors not liable for design defects) but was negotiated out of the bill. SB 1215 was vetoed. Martin stated “AGC TBB hopes there will be an interim study conducted to resolve this important issue. We hope it will make its way back to the legislature in 2019.”

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