HB 1537 – AS INTRODUCED
2006 SESSION
05/01
HOUSE BILL 1537
AN ACT relative to the procedure for resolving disputes regarding construction defects between homeowners and contractors.
SPONSORS: Rep. Wall, Straf 7; Rep. Shurtleff, Merr 10
This bill declares that, in residential construction defect cases, a homeowner may perfect an attachment against the contractor during the mandatory 60-day stay in which the homeowner and contractor attempt to resolve their dispute prior to litigation.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06-2733
05/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to the procedure for resolving disputes regarding construction defects between homeowners and contractors.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Residential Construction Defects; Dispute Resolution; Attachment Against Contractor During Stay. Amend RSA 359-G:3 to read as follows:
359-G:3 Action; Stay Without Prejudice. If a homeowner files an action without first complying with the requirements of this chapter, on application by a party to the action, the court or arbitrator shall stay the action, without prejudice, until the homeowner has complied with the requirements of this chapter. The stay shall not exceed the 60-day period set forth in RSA 359-G:4, I[, and no attachments against the contractor shall be granted until the stay expires]. Nothing in this section shall preclude a homeowner from perfecting an attachment against the contractor granted during this period.
2 Effective Date. This act shall take effect 60 days after its passage.