HB17-1169 Summary

• Clarifies that construction professionals have the right to receive notice of alleged construction defects, inspect the property, and elect to either repair the defect or offer a settlement before a claimant can file a lawsuit.

• Requires construction professionals electing to repair to provide a written notice of election within 30 days (45 days for commercial property) that includes inspection findings, scope of remedial work, completion timeline, and compensation for temporary housing or storage if the claimant must vacate during repairs.

• Mandates repairs be performed on reasonable dates and times, in compliance with building codes and industry standards, without increasing long-term property maintenance costs unless the claimant agrees in writing to additional compensation.

• Establishes that repairs must be performed by properly licensed, bonded, and insured professionals; non-defective parts removed during repairs must be replaced; and the construction professional must indemnify the claimant against mechanic's or materialman's liens.

• Allows claimants to file a lawsuit without further notice only if the construction professional fails to make an offer, the claimant rejects an offer, or the professional fails to complete agreed-upon repairs or settlements as described.