HB 64 — PLEADINGS PERTAINING CONSTRUCTION CLAIMS

HOUSE BILLJUDICIARY 64COMMITTEE 54SUBSTITUTE THFOR LEGISLATURE-HOUSE STATEBILL OF64 NEW54TH MEXICOLEGISLATURE - STATEOFNEWMEXICO- SECOND SESSION , 2020 INTRODUCED4 BY Daymon Ely and Dayan Hochman-Vigil 6 8 10 AN ACT RELATING TO CONSTRUCTION;

REQUIRINGPROVIDING FOR DETAILED PLEADINGSNOTICE PERTAININGOF TOA CONSTRUCTION DEFECT CLAIMS;PRIOR TO COMMENCEMENT OF AN ACTION;

1514 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

[NEW MATERIAL ] JUDICIALCONSTRUCTION PLEADINGS--CLAIMSDEFECT--NOTICE.-- FOR e t 17 RELIEF--DEFECTIVE OR UNSAFE IMPROVEMENTS TO REAL PROPERTY.-- w l n d 18 A.

APrior pleadingto the commencement of an action in w l n d 18 district court that sets forth a claim for relief against a = = 19 contractor arising out of the defective or unsafe condition of a physical a l i a e r 20 a physical improvement to real property, whetherthe anowner originalor claim,claimant a t m m 21 counterclaim,may cross-claimprovide ornotice third-partyto claim,the shallcontractor contain,containing the following d r e 22 ininformation: addition to any information required by applicable judicial c e s k 23 rules:

c e as nk b23 24 (1) a description of the details of the ue [a n b 24 defective or unsafe condition, including the exact location of .216131.2u [ the defective or unsafe condition;

.217325.4 HJC/HB 64 (2) a description of the details of the injury or damage arising from the defective or unsafe condition, including the nature and extent of the injurydamage orto damage,the ifextent known;

(3) a description of theany detailsknown of the cause of the defective or unsafe condition;

and (4) the address of each residencephysical improvement to real property that is alleged to be affected by the defective or unsafe condition;condition.

(5)B. a sworn statement by the owner of any residence or appurtenance alleged to be the subject of the injury to real or personal property and by each person alleged to have been otherwise injured as a result of the defective or unsafe condition;

providedAny party that iffails theto claimprovide fornotice reliefpursuant isto filedSubsection onA behalf of athis homeowner'ssection association, the sworn statement shall be signedrequired by athe membercourt ofto theprovide executivesuch boardnotice orbefore ethe edefendant 17is anrequired officerto ofanswer the homeowner'scomplaint. association;

andC. e e n d 18 (6) a statement of satisfaction of the = = l ] 19 requirements of this section.

aThe lapplicable rstatute iof 20limitations B.shall be tolled upon the filing of notice.

NothingD. in this section shall be construed to t e a t supersede the statute of limitations with respect to a claim m m 21 e d r e 22 for relief arising out of the defective or unsafe condition of c e r c 23 a physical improvement to property.

eAs aused nin bthis 24section, SECTION"contractor" 2.means "contractor", as defined in Section 60-13-3 NMSA 1978.

EMERGENCY.--Ite ise necessary17 forSECTION the2. public u [ peace, health and safety that this act take effect immediately.

.216131.2EMERGENCY.--It -is 2necessary -for the public e e n d 18 peace, health and safety that this act take effect immediately.

= = l ] 19 - 2 - a l r i 20 t e a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .217325.4