Construction Defect Claims Sample Clauses
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Construction Defect Claims. If ▇▇▇▇▇ believes it has a construction defect Claim (as defined above), ▇▇▇▇▇ agrees to comply with all provisions of the Colorado Construction Defect Action Reform Act, C.R.S. Section ▇▇-▇▇-▇▇▇ et. seq. (“CDARA”). The notice of claim required pursuant to C.R.S. Section 13-20-803.5 must be sent by certified mail, return receipt requested, or by personal service, to Seller as set forth in Paragraph 17 below. Requests for warranty service and repairs shall be directed to Seller in accordance with the Limited Warranty.
Construction Defect Claims. GEORGIA LAW O.C.G.A. § 8-2-38 CONTAINS IMPORTANT REQUIREMENTS THAT BUYER MUST FOLLOW BEFORE BUYER MAY FILE A LAWSUIT OR OTHER ACTION FOR DEFECTIVE CONSTRUCTION AGAINST THE CONTRACTOR (AS THAT TERM IS DEFINED IN THE LAW) WHO CONSTRUCTED THE HOME. NINETY DAYS BEFORE BUYER FILES A LAWSUIT OR OTHER ACTION, BUYER MUST SERVE ON THE CONTRACTOR A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS BUYER ALLEGES ARE DEFECTIVE. UNDER THE LAW, A CONTRACTOR HAS THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS OR BOTH. BUYER IS NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY A CONTRACTOR. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW, AND FAILURE TO FOLLOW THEM MAY AFFECT BUYER’S ABILITY TO FILE A LAWSUIT OR OTHER ACTION.
Construction Defect Claims. Except as otherwise required by applicable law, the following procedures shall govern all claims, asserted by Buyer, or by an Association on behalf of Buyer, for damages or other relief arising out of any alleged defect in the design or construction of any improvement that constitutes part of the Project, Project Site, any Condominium Unit, or the Unit (each such claim, a “Construction Defect Claim”):
Construction Defect Claims. Except with respect to those claims of construction defects, or personal injuries stemming from such claims, which, individually or in the aggregate, could not reasonably be expected to have a material adverse effect on the Homebuilding Business, all (a)material claims regarding construction defects which have been disclosed to the underwriter of any of the Policies, and (b)claims regarding construction defects which could reasonably be expected to exceed Fifty Thousand Dollars ($50,000) and which the division presidents of the Seller have received written notice of such claims are set forth on the Seller's Disclosure Schedule. Together with any Policies, the amounts reserved therefor by the Seller on its Financial Statements in accordance with GAAP is specified, and, to the Seller's knowledge, is reasonable under the circumstances; provided, however, that Seller cannot and is not providing any assurance or guarantee with respect thereto. 2.16