Stricken language would be deleted from and underlined language would be added to present law.
Act 558 of the Regular Session
*MBM099* 04-02-2025 10:42:27 MBM099
State of Arkansas As Engrossed: H3/17/25 S4/2/25 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1468 3
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By: Representatives Cozart, Hawk 5
By: Senators J. Petty, J. Bryant 6
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For An Act To Be Entitled 8
AN ACT TO AMEND ARKANSAS LAW CONCERNING CLAIMS HOME 9
IMPROVEMENT CONTRACTORS, RESIDENTIAL BUILDING 10
CONTRACTORS, AND SUPPLIERS CONSTRUCTION DEFECTS; AND 11
FOR OTHER PURPOSES. 12
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Subtitle 15
TO AMEND ARKANSAS LAW CONCERNING CLAIMS 16
AGAINST HOME IMPROVEMENT CONTRACTORS, 17
RESIDENTIAL BUILDING CONTRACTORS, AND 18
SUPPLIERS. 19
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 21
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SECTION 1. Arkansas Code Title 4, Chapter 75, is amended to add an 23
additional subchapter to read as follows: 24
Subchapter 15 — Claims Against Home Improvement Contractors, Residential 25
Building Contractors, and Suppliers 26
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4-75-1501. Definitions. 28
As used in this subchapter: 29
(1) "Action" means: 30
(A) A civil action; or 31
(B) An arbitration proceeding; 32
(2) "Claim" means a request or demand to remedy a construction 33
defect caused by a home improvement contractor, residential building 34
contractor, or supplier related to the construction of a dwelling; 35
(3) "Claimant" means the owner, tenant, or lessee of a dwelling 36 As Engrossed: H3/17/25 S4/2/25 HB1468
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who has standing to sue a home improvement contractor, residential building 1
contractor, or supplier regarding a construction defect; 2
(4) "Construction defect" means: 3
(A) In those cases where the home improvement contractor, 4
residential building contractor, or supplier has provided a warranty to the 5
consumer, the definition of "defect" in the warranty provided to the consumer 6
by the home improvement contractor, residential building contractor, or 7
supplier; or 8
(B) In all other cases, a deficiency in the construction 9
of a dwelling that results from one (1) or more of the following: 10
(i) Defective material; 11
(ii) Violation of applicable codes; or 12
(iii) Failure to follow accepted grade standards for 13
workmanlike construction; 14
(5) "Dwelling" means: 15
(A) Any premises or portion of a premises that is used as 16
a home or a place of residence; and 17
(B) That part of the lot or site on which the dwelling is 18
situated that is devoted to residential use; 19
(6) “Home improvement contractor” means any person, firm, 20
partnership, copartnership, association, corporation, or other organization 21
or any combination thereof that attempts to or submits a bid or contracts, 22
undertakes, or assumes charge in a supervisory capacity or otherwise manages 23
the reconstruction, alteration, renovation, modification, improvement, 24
removal, demolition, or addition to any: 25
(A) Preexisting single family residence; or 26
(B) Property and structures appurtenant to a preexisting 27
single family residence; 28
(7) “Residential building contractor” means the same as defined 29
under § 17-25-502; and 30
(8) “Supplier” means a person that manufactures or provides 31
windows or doors for a dwelling. 32
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4-75-1502. Claims against home improvement contractors, residential 34
building contractors, and suppliers. 35
(a) Before commencing an action against a home improvement contractor, 36 As Engrossed: H3/17/25 S4/2/25 HB1468
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residential building contractor, or supplier regarding a construction defect 1
found within one (1) year after completion of a dwelling, a claimant shall: 2
(1) At least twenty -eight (28) days before commencing the 3
action, deliver written notice to the home improvement contractor, 4
residential building contractor, or supplier containing a description of the 5
claim in sufficient detail to explain the nature of the alleged construction 6
defect and the known results of the alleged construction defect; and 7
(2) Provide the home improvement contractor, residential 8
building contractor, or supplier with the opportunity to repair or to remedy 9
the alleged construction defect. 10
(b) Within fourteen (14) days of delivery of the written notice under 11
subsection (a) of this section, the home improvement contractor, residential 12
building contractor, or supplier shall deliver a written response to the 13
claimant that shall: 14
(1) Propose to inspect the dwelling that is subject of the claim 15
and to complete the inspection within a specified timeframe; 16
(2) Offer to remedy all or part of the claim without an 17
inspection; or 18
(3) Dispute the claim. 19
(c) Based on findings of an inspection under subsection (b)(1) of this 20
section, a home improvement contractor, residential building contractor, or 21
supplier may: 22
(1) Offer to remedy all or part of the claim; or 23
(2) Dispute the claim. 24
(d) The claimant may commence an action against the home improvement 25
contractor, residential building contractor, or supplier for the defect 26
described in the written notice under subsection (a) of this section without 27
further notice if: 28
(1) The home improvement contractor, residential building 29
contractor, or supplier: 30
(A) Disputes the claim; 31
(B) Does not respond to the claimant's notice of claim 32
within the fourteen (14) day timeframe under subsection (b) of this section; 33
or 34
(C) Fails to fulfill an offer to remedy all or part of a 35
claim after the acceptance of the offer by the claimant; or 36 As Engrossed: H3/17/25 S4/2/25 HB1468
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(2) The claimant does not accept an offer to remedy all or part 1
of a claim made under this section. 2
(e)(1) A claimant accepting the offer of a home improvement 3
contractor, residential building contractor, or supplier to remedy all or 4
part of the construction defect under subsection (b) or (c) of this section 5
shall do so by serving a written notice of acceptance to the home improvement 6
contractor, residential building contractor, or supplier. 7
(2) The claimant under subdivision (e)(1) of this section shall: 8
(A) Serve the notice of acceptance under subdivision 9
(e)(1) of this section to the home improvement contractor, residential 10
building contractor, or supplier no later than thirty (30) days after receipt 11
of the offer; and 12
(B) Provide the home improvement contractor, residential 13
building contractor, or supplier and its subcontractors or other agents 14
reasonable access to the dwelling during normal working hours to perform and 15
complete the construction or work by the timetable stated in the offer. 16
(f) If a claimant accepts an offer made in compliance with this 17
section and the home improvement contractor, residential building contractor, 18
or supplier fulfills the offer in compliance with this section, the claimant 19
shall be barred from bringing an action for the claim described in the notice 20
of claim. 21
(g) A home improvement contractor, residential building contractor, or 22
supplier shall provide the owner, tenant, or lessee of the dwelling written 23
notice of the requirements of this subchapter before commencing the building 24
or improving of the dwelling. 25
(h) This section does not apply to actions brought by the Attorney 26
General for civil enforcement of the Deceptive Trade Practices Act, § 4 -88-27
101 et seq., including without limitation: 28
(1) Mediations initiated in connection with an action brought by 29
the Attorney General for civil enforcement of the Deceptive Trade Practices 30
Act, § 4-88-101 et seq.; and 31
(2) Consumer actions brought by the Attorney General for civil 32
enforcement of the Deceptive Trade Practices Act, § 4 -88-101 et seq. 33
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/s/Cozart 35
APPROVED: 4/14/25 36