HB 609 — An Act amending Title 68 (Real and Personal Property) of the Pennsylvania Consolidated Statutes, in general provisions relating to residential real property, further providing for definitions; and, in seller disclosures, further providing for application of chapter and providing for disclosure of construction defects.

Summary

Protecting Homeowners from Defective or Faulty New Home Construction (Former HB 377)

Bill Text

• Printer's No. 0622 View text Current

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill establishes new definitions and requirements for builders regarding the disclosure of construction defects in residential real property.

• Section 7102

  "Builder." A person lawfully performing or furnishing the design, planning, supervision or observation of construction or construction of an improvement to real property. "Construction defect." A material defect that results from a deficiency in the design, planning, supervision or observation of construction or construction of an improvement to real property. The term includes a material defect that results from the use of defective building materials or from the improper installation of building materials.

  Adds definitions for 'Builder' and 'Construction defect' to clarify roles and issues related to residential construction.

• Section 7302

  (a.1) Application of disclosure of construction defects.--Section 7303.1 (relating to disclosure of construction defects) shall apply only to residential real property.

  Specifies that the disclosure requirements for construction defects apply exclusively to residential real property.

• Section 7303.1

  (a) Notification.--If a builder becomes aware of a construction defect in an improvement to real property constructed or facilitated by the builder, the builder shall notify the owner of the real property. The builder shall also notify the owner of any real property for which the builder constructed or facilitated construction of an improvement if the builder has reasonable cause to suspect the existence of a substantially similar construction defect. The following shall apply: (1) The notification shall include all of the following: (i) A description of the construction defect or suspected construction defect. (ii) The reason that the builder knows or suspects that the construction defect exists. (iii) Contact information for the builder. (2) The notification shall be made within 30 days after the builder knows or has reasonable cause to suspect that the construction defect exists. (3) The builder shall provide the notification by certified mail to the address of record for the owner of the real property. (4) The notification is not required if at least 15 years have elapsed since completion of construction of the defective improvement. (5) The notification shall not constitute evidence of the builder's liability for the construction defect, nor shall the notification relieve the builder from any liability which may exist as the result of the construction defect.

  Establishes a requirement for builders to notify property owners of known or suspected construction defects, detailing the information that must be included in the notification.

• Section 7303.1

  (b) Failure to comply.--A builder who willfully or negligently fails to notify an owner of real property as required by this section shall be liable for the amount of actual damages suffered by the owner as a result of the builder's failure to notify the owner. This subsection shall not be construed to restrict or expand the authority of a court to impose punitive damages or apply other remedies applicable under another provision of law.

  Creates a liability for builders who fail to notify property owners of construction defects, ensuring that owners can claim actual damages.

• Section 7303.1

  (c) Statute of limitations.--An action for damages as the result of a violation of this section must be commenced within two years of the time that the owner of the real property becomes aware of the builder's failure to comply with this section.

  Sets a two-year statute of limitations for property owners to file claims against builders for failure to comply with the disclosure requirements.

Action History

1. February 20, 2025

   Referred to HOUSING AND COMMUNITY DEVELOPMENT, Feb. 20, 2025

Sponsors

• MaryLouise Isaacson · Primary
• Tim Brennan · Cosponsor
• Danilo Burgos · Cosponsor
• Johanny Cepeda-Freytiz · Cosponsor
• Joe Ciresi · Cosponsor
• Mary Jo Daley · Cosponsor
• Kyle Donahue · Cosponsor
• Robert Freeman · Cosponsor
• Jose Giral · Cosponsor
• G. Roni Green · Cosponsor
• Liz Hanbidge · Cosponsor
• Carol Hill-Evans · Cosponsor
• Malcolm Kenyatta · Cosponsor
• Tarik Khan · Cosponsor
• Benjamin V. Sanchez · Cosponsor
• Mandy Steele · Cosponsor
• Joseph C. Hohenstein · Cosponsor

Subjects