§ 40-59-820 — Definitions.

As used in this article: (1) "Action" means any civil lawsuit or action or arbitration proceeding for damages or indemnity asserting a claim for injury or loss to a dwelling or personal property caused by an alleged defect arising out of or related to the design, construction, condition, or sale of the dwelling or a remodel of a dwelling. (2) "Claimant" means a homeowner, including a subsequent purchaser, who asserts a claim against a contractor, subcontractor, supplier, or design professional concerning a defect in the design, construction, condition, or sale of a dwelling or in the remodel of a dwelling. (3) "Construction defect" means a deficiency in or a deficiency arising out of the design, specifications, surveying, planning, supervision, or observation of construction or construction of residential improvements that results from any of the following: (a) defective material, products, or components used in the construction of residential improvements; (b) violation of the applicable codes in effect at the time of construction of residential improvements; (c) failure of the design of residential improvements to meet the applicable professional standards of care at the time of governmental approval of the design of residential improvements; or (d) failure to construct residential improvements in accordance with accepted trade standards for good and workmanlike construction at the time of construction. Compliance with the applicable codes in effect at the time of construction conclusively establishes construction in accordance with accepted trade standards for good and workmanlike construction, with respect to all matters specified in those codes. (4) "Dwelling" means a single-family house or duplex or a multifamily unit not to exceed sixteen units and not to exceed three stories in height, and which is intended for residential use. A dwelling includes the systems and other components and improvements that are part of a single or multifamily unit at the time of construction. (5) "Serve" or "service" means personal service or delivery by certified mail to the last known address of the addressee.

Legislative History

HISTORY: 2003 Act No. 82, SECTION 1. Editor's Note 2003 Act No. 82, SECTION 2, provides as follows: "This act takes effect upon approval by the Governor and applies to claims arising on or after this act's effective date [July 2, 2003]."