Oklahoma 2023 Regular Session

Oklahoma House Bill HB1597 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	An Act
2		-	ENROLLED HOUSE
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	3	+	SENATE FLOOR VERSION - HB1597 SFLR Page 1
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	29	+	SENATE FLOOR VERSION
	30	+	April 10, 2023
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	33	+	ENGROSSED HOUSE
3	34		BILL NO. 1597 By: Martinez and Dollens of the
4	35		House
5	36
6	37		and
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8	39		Newhouse of the Senate
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13	43		An Act relating to contracts; amending 15 O.S. 2021,
14	44		Section 765.6, which relates to Notice of Opportunity
15	45		to Repair Act; subjecting requirements to certain
16	46		contractual agreements; and providing an effective
17	47		date.
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20		-	SUBJECT: Contracts
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22	51		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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24	52		SECTION 1. AMENDATORY 15 O.S. 2021, Section 765.6, is
25	53		amended to read as follows:
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27	54		Section 765.6 A. For the purposes of this section:
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29	55		1. "Construction defect" means a deficiency in or a deficiency
30	56		arising out of the design, specifications, surveying, pl anning,
31	57		supervision or observation of construction or co nstruction of
32	58		residential improvements that results from any of the following:
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34	59		a. defective material, products or components used in the
35	60		construction of residential improvements,
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37	61		b. violation of the applicable codes in effect at the
38	62		time of construction of residential improvements,
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	64	+	SENATE FLOOR VERSION - HB1597 SFLR Page 2
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40	90		c. failure of the design of residential improvements to
41	91		meet the applicable professional standards of care at
42	92		the time of governmental approval of the design of
43	93		residential improvements, or
44		-	ENR. H. B. NO. 1597 Page 2
45	94		d. failure to construct residential imp rovements in
46	95		accordance with accepted trade standards for good and
47	96		workmanlike construction at the time of construction;
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49	97		2. "Contractor" means a person or entity providing labor,
50	98		services or material s in the construction of a new residence or
51	99		alteration of, repair of, or addition to an existing residence; and
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53	100		3. "Residence" means any structure designed and used only for
54	101		residential purposes, together with all attached and unattached
55	102		structures, constructed by the contractor, regardless of whether the
56	103		real property upon which the residence is located was purchased from
57	104		the contractor. Such term also includes a residence upon which
58	105		alterations or repairs were performed by the contractor at the
59	106		direction of the homeowner.
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61	107		B. A contract for the construction of a new residence or for an
62	108		alteration of, repair of, or addition to an existing residence may
63	109		include provisions which:
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65	110		1. Require a homeowner, prior to filing a lawsuit for
66	111		construction defects, t o present to the contractor a written notice
67	112		of construction defects; and
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	114	+	SENATE FLOOR VERSION - HB1597 SFLR Page 3
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69	140		2. Allow the contractor to inspect any construction defects and
70	141		present to the homeowner a written response which shall include the
71	142		contractor's offer to repair defects or compensat e homeowner for
72	143		such defects within thirty (30) days aft er receipt of the notice of
73	144		defects.
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75	145		If Regardless of whether such provisions are included in a
76	146		contract, the homeowner shall not file a lawsuit against the
77	147		contractor until the conditions precedent as set forth in parag raphs
78	148		1 and 2 of this subsection have been fulfilled. In the event the
79	149		homeowner files a lawsuit against the contractor without fulfilling
80	150		the conditions precedent, the contractor shall be entitled to a stay
81	151		of proceedings until such c onditions have been fulfilled. If the
82	152		conditions precedent have been fulfilled, the homeowner may seek
83	153		remedies against the contractor as provided by law. The provisions
84	154		of this section shall not be subject to, and nothing herein is
85	155		intended to alter, co ntradict or otherwise diminish the application
86	156		of, the terms of a separate express contractual warranty agreed upon
87	157		by a contractor or homeowner. This section does not create a cause
88	158		of action or derivative liability or extend a limitations period.
89		-	ENR. H. B. NO. 1597 Page 3
90		-	SECTION 2. This act shall become effective November 1, 2023. ENR. H. B. NO. 1597 Page 4
91		-	Passed the House of Representatives the 27th day of February,
92		-	2023.
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97		-	Presiding Officer of the House
98		-	of Representatives
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101		-	Passed the Senate the 17th day of April, 2023.
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106		-	Presiding Officer of the Senate
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109		-	OFFICE OF THE GOVERNOR
110		-	Received by the Office of the Governor this ____________________
111		-	day of ___________________, 20_______, at _______ o'clock _______ M.
112		-	By: _________________________________
113		-	Approved by the Governor of the State of Oklahoma this _____ ____
114		-	day of ___________________ , 20_______, at _______ o'clock _______ M.
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117		-	_________________________________
118		-	Governor of the State of Oklahoma
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120		-	OFFICE OF THE SECRETARY OF STATE
121		-	Received by the Office of the Secretary of State this __________
122		-	day of ___________________, 20_______, at _______ o'clock _______ M.
123		-	By: _________________________________
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	159	+	SECTION 2. This act shall become effective November 1, 2023.
	160	+	COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND COMMERCE
	161	+	April 10, 2023 - DO PASS