Page
1, strike lines 2 through 25
Strike page
2
Renumber to
conform
Page 3,
lines 14 and 20, strike "AND THE SELLER'S CONSTRUCTION
PROFESSIONAL"
Line 22,
strike "AND THE SELLER'S"
Line 23,
strike "construction professional"
Line 26,
after "seller" strike remainder of line
Line 27,
strike "construction professional conduct" insert
"conducts"
Line 28,
strike "and the seller's construction professional"
Page 4, line
6, after "seller" strike remainder of line
Line 7,
strike "professional intend" insert
"intends"
Line 14,
after "seller" strike remainder of line
Line 15,
strike "INTEND" insert "intends"
Line 22,
strike "and the seller's construction"
Line 23,
strike "PROFESSIONAL"
Line 27,
strike "professionals Professional"
insert "professionals"
Line 29,
strike "If requested by the"
Strike lines
30 through 32,
Page 5,
strike lines 1 and 2, insert: "If requested by the purchaser, repair or
replacement of alleged construction defects undertaken by the seller shall be
performed by a construction professional selected by the seller and consented
to by the purchaser, whose consent shall not be unreasonably withheld, that was
not involved in the construction or design of the dwelling."
Lines 4 and
17, strike "professionals professional"
insert "professionals"
Page 6, line
1, strike "professionals"
Page 6, line
2, strike "professional" insert
"professionals"
Line 3,
strike "professionals professional"
insert "professionals"
Line 7,
strike "Both ALL" insert
"Both"
Line 10,
strike "or the seller's construction professional"
Line 15,
strike "AND THE"
Line 16,
strike "seller's construction professional"
Line 26,
strike "And the seller's construction professional"
Line 30,
strike "OR"
Line 31,
strike "The seller's construction professional"
Page 7, line
27, strike "professionals"
Line 28,
strike "professional" insert
"professionals"
Page 8, strike
lines 4 through 32
Strike pages
9 and 10
Page 11,
strike lines 1 through 25, insert:
"Sec.
2. Construction liability apportionment study committee;
membership; duties; delayed repeal
A. The
construction liability apportionment study committee is established consisting
of the following members:
1. Three
members of the senate who are appointed by the president of the senate, not
more than two of whom are members of the same political party. The president of
the senate shall designate one of these members to serve as cochairperson of
the committee.
2. Three
members of the house of representatives who are appointed by the speaker of the
house of representatives, not more than two of whom are members of the same
political party. The speaker of the house of representatives shall designate
one of these members to serve as cochairperson of the committee.
B. Committee
members are not eligible to receive compensation, but are eligible for
reimbursement of expenses pursuant to title 38, chapter 4, article 2, Arizona
Revised Statutes.
C. The study
committee shall research and make recommendations for the apportionment of
liability in the construction industry, including:
1. The use
of an indemnity provision in construction contracts.
2. The
allocation of liability based on degrees of fault.
3. The
assignment of financial responsibility to negligent parties.
4. The
opportunity to address and remedy alleged construction defects prior to
litigation.
5. The
frequency of construction defect litigation.
6. The
affordability of insurance costs associated with construction claims.
D. The
study committee may hold hearings, conduct fact-finding tours and take
testimony from witnesses who may assist the study committee in fulfilling its
responsibilities. All hearings of the study committee shall be open to the
public.
E. The
legislature shall provide staff and support services to the study committee.
F. The
study committee shall submit a report regarding its findings and
recommendations on or before December 15, 2018, to the governor, the president
of the senate and the speaker of the house of representatives and provide a
copy of this report to the secretary of state.
G. This
section is repealed from and after June 30, 2019."
Amend title to conform
Bill
Number: S.B. 1271