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