| 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. |