1 | Representative Kottkamp offered the following: |
2 |
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3 | Amendment to Amendment (986061) |
4 | Remove lines 49-64 and insert: |
5 | inspection may include destructive testing by mutual agreement |
6 | under the following reasonable terms and conditions: |
7 | (a) If the person receiving notice under subsection (1) |
8 | determines that destructive testing is necessary to determine |
9 | the nature and cause of the alleged defects, such person shall |
10 | notify the claimant in writing. |
11 | (b) The notice shall describe the destructive testing to |
12 | be performed, the person selected to do the testing, the |
13 | estimated anticipated damage and repairs to the dwelling |
14 | resulting from the testing, the estimated amount of time |
15 | necessary for the testing and to complete the repairs, and the |
16 | financial responsibility offered for covering the costs of |
17 | repairs. |
18 | (c) If the claimant promptly objects to the person |
19 | selected to perform the destructive testing, the person |
20 | receiving notice under subsection (1) shall provide the |
21 | claimant with a list of three qualified persons from which the |
22 | claimant may select one such person to perform the testing. The |
23 | person selected to perform the testing shall operate as an |
24 | agent or subcontractor of the person receiving notice under |
25 | subsection (1) and shall communicate with, submit any reports |
26 | to and be solely responsible to the person receiving notice. |
27 | (d) The testing shall be done at a mutually agreeable |
28 | time. |
29 | (e) The claimant or a representative of the claimant may |
30 | be present to observe the destructive testing. |
31 | (f) The destructive testing shall not render the |
32 | dwelling uninhabitable. |
33 |
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34 | In the event the claimant fails or refuses to agree to |
35 | destructive testing, the claimant shall have no claim for |
36 | damages which could have been avoided or mitigated had |
37 | destructive testing been allowed when requested and had a |
38 | feasible remedy been promptly implemented. . Prior to |
39 | performing any destructive testing, the person who desires to |
40 | perform the testing shall notify the claimant in writing of the |
41 | type of testing to be performed, the anticipated damage to the |
42 | dwelling which will be caused by the testing, and the |
43 | anticipated repairs that will be necessary to repair any damage |
44 | caused by the testing. The person performing the testing is |
45 | responsible for repairing any damage to the dwelling caused by |
46 | the testing. |