Amendment
Bill No. 1899
Amendment No. 103133
CHAMBER ACTION
Senate House
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1Representative Kottkamp offered the following:
2
3     Amendment to Amendment (986061)
4Remove lines 49-64 and insert:
5inspection may include destructive testing by mutual agreement
6under the following reasonable terms and conditions:
7     (a)  If the person receiving notice under subsection (1)
8determines that destructive testing is necessary to determine
9the nature and cause of the alleged defects, such person shall
10notify the claimant in writing.
11     (b)  The notice shall describe the destructive testing to
12be performed, the person selected to do the testing, the
13estimated anticipated damage and repairs to the dwelling
14resulting from the testing, the estimated amount of time
15necessary for the testing and to complete the repairs, and the
16financial responsibility offered for covering the costs of
17repairs.
18     (c)  If the claimant promptly objects to the person
19selected to perform the destructive testing, the person
20receiving notice under subsection (1) shall provide the
21claimant with a list of  three qualified persons from which the
22claimant may select one such person to perform the testing. The
23person selected to perform the testing shall operate as an
24agent or subcontractor of the person receiving notice under
25subsection (1) and shall communicate with, submit any reports
26to and be solely responsible to the person receiving notice.
27     (d)  The testing shall be done at a mutually agreeable
28time.
29     (e)  The claimant or a representative of the claimant may
30be present to observe the destructive testing.
31     (f)  The destructive testing shall not render the
32dwelling uninhabitable.
33
34In the event the claimant fails or refuses to agree to
35destructive testing, the claimant shall have no claim for
36damages which could have been avoided or mitigated had
37destructive testing been allowed when requested and had a
38feasible remedy been promptly implemented. . Prior to
39performing any destructive testing, the person who desires to
40perform the testing shall notify the claimant in writing of the
41type of testing to be performed, the anticipated damage to the
42dwelling which will be caused by the testing, and the
43anticipated repairs that will be necessary to repair any damage
44caused by the testing. The person performing the testing is
45responsible for repairing any damage to the dwelling caused by
46the testing.


CODING: Words stricken are deletions; words underlined are additions.