Amendment
Bill No. 1899
Amendment No. 409759
CHAMBER ACTION
Senate House
.
.
.






1Representatives Ambler and Kottkamp offered the following:
2
3     Amendment
4     Remove lines 259-275 and insert:
5     (a)  A written offer to remedy the alleged construction
6defect at no cost to the claimant, including a report of the
7scope of the inspection, the findings and results of the
8inspection, a detailed description of the proposed repairs
9necessary to remedy the defect, and a timetable for the
10completion of such repairs;
11     (b)  A written offer to compromise and settle the claim by
12monetary payment, that will not obligate the person's insurer,
13and a timetable for making payment to be paid within 30 days
14after the claimant's acceptance of the offer; or
15     (c)  A written offer to compromise and settle the claim by
16a combination of repairs and monetary payment, that will not
17obligate the person's insurer, that includes a detailed
18description of the proposed repairs and a timetable for the
19completion of such repairs and making payment;
20     (d)(c)  A written statement that the person contractor,
21subcontractor, supplier, or design professional disputes the
22claim and will not remedy the defect or compromise and settle
23the claim; or.
24     (e)  A written statement that a monetary payment, including
25insurance proceeds, if any, will be determined by the person's
26insurer within 30 days after notification to the insurer by
27means of forwarding the claim, which notification shall occur at
28the same time the claimant is notified of this settlement
29option, which the claimant can accept or reject. A written
30statement under this paragraph may also include an offer under
31paragraph (c), but such offer shall be contingent upon the
32claimant also accepting the determination of the insurer whether
33to make any monetary payment, in addition thereto. If the
34insurer for the person receiving the claim makes no response
35within the 30 days following notification, then the claimant
36shall be deemed to have met all conditions precedent to
37commencing an action.


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