21-1-15. Definitions.

279 words·~1 min read·/sd/title-21/chapter-21-1/21-1-15

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Terms used in this section and § 21-1-16 mean:

(1)"Action," any civil lawsuit or action in contract or tort for damage or indemnity brought against a construction professional to assert a claim for damage or the loss of use of real or personal property caused by a construction defect. The term does not include a counterclaim, cross-claim, or civil action in tort alleging personal injury or wrongful death resulting from a construction defect;

(2)"Construction defect," a deficiency in or arising out of the supervision, construction, or remodeling of a residence that results from any of the following:

(a)Defective materials, products, or components used in the construction or remodeling of a residence;

(b)Violation of the applicable building, plumbing, or electrical codes in effect at the time of the construction or remodeling of a residence; or

(c)Failure to construct or remodel a residence in accordance with contract specifications or accepted trade standards;

(3)"Construction professional," a builder, contractor, or subcontractor performing or furnishing the supervision of the construction or remodeling of any residence, whether operating as a sole proprietor, partnership, corporation, or other business entity;

(4)"Home owner," any person, company, firm, partnership, corporation, or association who contracts with a construction professional for the remodeling, construction, or construction and sale of a residence. The term includes a subsequent purchaser of a residence from any home owner;

(5)"Residence," a single-family house or a unit in a multi-unit residential structure in which title to each individual unit is transferred to the owner under a condominium or cooperative system;

(6)"Serve" or "service," personal delivery or delivery by certified mail to the last known address of the addressee.