§8553.__Action; dismissal without prejudice

A claimant may file an action under this chapter for damages or indemnity asserting a claim for damage to or loss of a residence or personal property caused by an alleged construction defect to manufactured housing in a transaction requiring a home construction contract under Title 10, chapter 219-A.__If a claimant files an action without first complying with the requirements of this chapter, the court shall on application by a party to the action dismiss the action without prejudice and the action may not be refiled or resumed until the claimant has complied with the requirements of this chapter.

§8554.__Notice and opportunity to repair

1.__Notice of claim required.__In an action brought under this chapter, the claimant shall, no later than 90 days before initiating an action against a contractor, provide service of written notice of claim on that contractor. The notice of claim must state that the claimant asserts a construction defect claim and is providing notice of the claim pursuant to the requirements of this chapter. The notice of claim must describe the claim in detail sufficient to explain the nature of the alleged construction defect and the damage or loss resulting from the defect, if known. In addition, the claimant shall provide to the contractor any evidence that depicts the nature and cause of the construction defect, including expert reports, photograph, and videotapes, if that evidence would be discoverable under this State's evidentiary rules. If, after proper request, the claimant fails to provide evidence as required under this subsection, then the claimant may not introduce the evidence in an action. This subsection does not preclude a claimant from filing an action sooner than 90 days after service of written notice as expressly provided in subsection 5 or 6.

2.__Response to notice of claim.__Within 30 days after service of the notice of claim required in subsection 1, a contractor who has received the notice of claim shall serve on the claimant, and on any other contractor who has received the notice of claim, a written response to the claim that:

A.__Offers to remedy the alleged construction defect at no cost to the claimant, without inspection, and includes a detailed description of the proposed repairs necessary to remedy the defect and a timetable for the completion of such repairs;