§ 359-g-2

359-G:2 Definitions. – In this chapter: I. 'Action' means any civil lawsuit, judicial action, or arbitration proceeding asserting a claim, in whole or in part, for damages or other relief in connection with a residence caused by an alleged construction defect. II. 'Homeowner' means any person, company, firm, partnership, corporation, or association which contracts with a contractor for the construction, sale, substantial remodel or repair, or construction and sale of a residence. Homeowner includes, but is not limited to, an authorized assignee, agent, or subsequent purchaser of a residence from any homeowner. III. 'Construction defect' has the meaning assigned by a written, express warranty either provided by the contractor or required by applicable statutory law. If no written, express warranty or applicable statutory warranty provides a definition, then 'construction defect' means a matter concerning the design, construction, modification, or repair of a residence about which a person has a complaint against a contractor. The term may include any physical damage to the residence, any appurtenance, or the real property on which the residence or appurtenance is affixed,

ich a person has a complaint against a contractor. The term may include any physical damage to the residence, any appurtenance, or the real property on which the residence or appurtenance is affixed, proximately caused by a construction defect. IV. 'Contractor' means any person, firm, partnership, corporation, association, or other organization that is engaged in the business of designing, developing, or constructing a residence, modification or repair of a new or existing residence, or construction, alteration, addition, or repair of an appurtenance to a new or existing residence. V. 'Residence' means a single-family house, duplex, or multifamily unit designed for residential use in which title to each individual unit is transferred to the owner under a condominium or cooperative system and shall include common areas and improvements that are owned or maintained by an association or by members of an association. A residence includes the systems, other components, improvements, other structures, or recreational facilities that are appurtenant to the house, duplex, or multifamily unit at the time of its initial sale, but not necessarily a part of the house, duplex, or multifamily

structures, or recreational facilities that are appurtenant to the house, duplex, or multifamily unit at the time of its initial sale, but not necessarily a part of the house, duplex, or multifamily unit. VI. 'Serve' or 'Service' means delivery by certified mail, return receipt requested, or in-hand service, to the last known address or place of business of the addressee. Source. 2005, 155:1, eff. Jan. 1, 2006.