1st Sub.
S.B.
220
CAUSE OF ACTION FOR DEFECTIVE CONSTRUCTION
house floor
Amendments
Amendment 2 March 3, 2008 1:45 pm
Representative Kay L. McIff
proposes the following amendments:
1. Page
2, Lines 28 through 29
:
28
(1) Except as provided in Subsection (2), an action for defective design or construction
29
is limited to breach of the contract
, whether written or otherwise, including both express and implied
warranties
.
2. Page
2, Line 33
:
33
(3) For purposes of
{
this section
}
Subsection (2)
, property damage does not include:
3. Page
2, Lines 37 through 39
:
37
(4) Except as provided in Subsection (2)
and (6)
, an action for defective design or construction
38
may be brought only by a person in privity of contract with the original contractor, architect,
39
engineer, or the real estate developer.
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sb0220s01.hfa.02.wpd
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