Bill
Number: S.B. 1271
Fann
Floor Amendment
Reference
to: JUDICIARY Committee amendment
Amendment
drafted by: Leg Council
FLOOR
AMENDMENT EXPLANATION
1. Removes the requirement
for the purchaser to sign an affidavit when the purchaser wants a different
construction professional to perform repairs or replacements.
2. Clarifies that the
parties in construction defect litigation that a trier of fact is determining
may be at fault include the seller or a
construction professional.
3. States that it is the
Legislature’s intent that the bifurcation process outlined in the bill does not
alter the seller’s liability under the seller’s implied warranty to the
purchaser.
Page 1, strike lines 1 through 7, insert:
"Page
1, line 39, after "determine" insert "if a construction defect exists"; after "each" strike remainder of line
Line 40, strike
"defendant" insert "seller
or construction professional"; strike "has"
insert "may have"
Line 41,
strike the first "the" insert "any"; after the period strike remainder of line
Strike line
42
Line 43,
strike "construction defect," insert "The identified construction professionals shall be joined as third
party defendants, if feasible."
Line 44,
after the first "any" strike remainder of line
Strike lines
45 and 46
Page 2, line
1, strike "rule, that a nonparty was wholly or partially at
fault" insert "defendant or third‑party
defendant"
Line 4,
strike "which party or third‑party defendant has"
insert "who may have"
Line 7,
after the first "any" strike remainder of line
Line 8,
strike "nonparties" insert "defendant or third‑party defendant"
Line 12,
after "claims" insert "and
indemnification claims between the seller and the construction professionals"
Line 17,
after the period insert "It is the legislature's intent
that the bifurcation process prescribed in subsection D of this section does
not alter the seller's liability under the seller's implied warranty to the
purchaser.""
Page 1,
between lines 12 and 13, insert:
"Line
39, after "purchaser" strike remainder of line
Strike lines
40 and 41
Line 42,
strike "dwelling perform the repairs""
Amend title to conform