| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 14 MRSA c. 755 is enacted to read: |
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| | | §8551.__Legislative findings |
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| | | The Legislature finds that it is beneficial to have an | | alternative method to resolve construction disputes for | | manufactured housing to reduce the need for litigation and | | protect the rights of homeowners. An effective alternative | | dispute resolution mechanism in certain construction defect | | matters should involve the claimant's filing a notice of claim | | with the manufacturer or dealer of the manufactured housing that | | the claimant asserts is responsible for the defect and should | | provide the manufacturer or dealer of the manufactured housing | | with an opportunity to resolve the claim without resort to | | further legal process. |
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| | | 1.__Action.__"Action" means a civil action or arbitration | | proceeding for damages or indemnity asserting a claim for damage | | to or loss of a residence or personal property caused by an | | alleged construction defect, but does not include an | | administrative action or civil action or arbitration proceeding | | asserting a claim for alleged personal injuries arising out of an | | alleged construction defect. |
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| | | 2.__Association.__"Association" means an association organized | | pursuant to the laws of the State that represents the interests | | of a group of owners of residential property, including, but not | | limited to, a condominium association, a cooperative or an | | association that represents the owners of mobile homes on rented | | lots in a mobile home park. |
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| | | 3.__Claimant.__"Claimant" means a homeowner who asserts a | | claim against a contractor concerning a defect in the | | construction of a residence or in the substantial remodeling or | | repair of a residence. "Claimant" does not include a contractor, | | subcontractor, supplier or design professional. |
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| | | 4.__Construction defect.__"Construction defect" means a | | deficiency in or arising out of the design, specifications, | | surveying, planning, supervision, observation of construction, | | construction, repair, alteration or remodeling of a residence, |
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