Compare Versions - OK HB1597 : Oklahoma 2024 Regular Session

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1		-	An Act
2		-	ENROLLED HOUSE
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	3	+	ENGR. H. B. NO. 1597 Page 1 1
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3	29		BILL NO. 1597 By: Martinez and Dollens of the
4	30		House
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6	32		and
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8	34		Newhouse of the Senate
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13	39		An Act relating to contracts; amending 15 O.S. 2021,
14	40		Section 765.6, which relates to Notice of Opportunity
15	41		to Repair Act; subjecting requirements to certain
16	42		contractual agreements; and providing an effective
17	43		date.
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20		-	SUBJECT: Contracts
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22	49		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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24	50		SECTION 1. AMENDATORY 15 O.S. 2021, Section 765.6, is
25	51		amended to read as follows:
26		-
27	52		Section 765.6 A. For the purposes of this section:
28		-
29	53		1. "Construction defect" means a deficiency in or a deficiency
30	54		arising out of the design, specifications, surveying, pl anning,
31	55		supervision or observation of construction or construction of
32	56		residential improvements that results from any of the following:
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34	57		a. defective material, products or components used in the
35	58		construction of residential improvements,
36		-
37	59		b. violation of the applicable codes in effect at the
38	60		time of construction of residential improvements,
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40	87		c. failure of the design of residential improvements to
41	88		meet the applicable professional standards of care at
42	89		the time of governmental approval of the design of
43	90		residential improvements, or
44		-	ENR. H. B. NO. 1597 Page 2
45	91		d. failure to construct residential improvements in
46	92		accordance with accepted trade standards for good and
47	93		workmanlike construction at the time of construction;
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49	94		2. "Contractor" means a person or entity providing labor,
50	95		services or material s in the construction of a new residence or
51	96		alteration of, repair of, or addition to a n existing residence; and
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53	97		3. "Residence" means any structure designed and used only for
54	98		residential purposes, together with all attached and unattached
55	99		structures, constructed by the contractor, regardless of whether the
56	100		real property upon which the resid ence is located was purchased from
57	101		the contractor. Such term also includes a residence upon which
58	102		alterations or repairs were performed by the contractor at the
59	103		direction of the homeowner.
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61	104		B. A contract for the construction of a new residence or for an
62	105		alteration of, repair of, or addition to an existing residence may
63	106		include provisions which:
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65	107		1. Require a homeowner, prior to filing a lawsuit for
66	108		construction defects, t o present to the contractor a written notice
67	109		of construction defects; and
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69	136		2. Allow the contractor to inspect any construction defects and
70	137		present to the homeowner a written response which shall include the
71	138		contractor's offer to repair defects or compensat e homeowner for
72	139		such defects within thirty (30) days after receipt of the notice of
73	140		defects.
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75	141		If Regardless of whether such provisions are included in a
76	142		contract, the homeowner shall not file a lawsuit against the
77	143		contractor until the conditions precedent as set forth in parag raphs
78	144		1 and 2 of this subsection have been fulfilled. In the eve nt the
79	145		homeowner files a lawsuit against the contractor without fulfilling
80	146		the conditions precedent, the contractor shall be entitled to a stay
81	147		of proceedings until such c onditions have been fulfilled. If the
82	148		conditions precedent have been fulfilled, the homeowner may seek
83	149		remedies against the contractor as provided by law. The provisions
84	150		of this section shall not be subject to, and nothing herein is
85	151		intended to alter, co ntradict or otherwise diminish the application
86	152		of, the terms of a separate express contractual warranty agreed upon
87	153		by a contractor or homeowner. This section does not create a cause
88	154		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
	155	+	SECTION 2. This act shall become effective November 1, 2023.
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91	183		Passed the House of Representatives the 27th day of February,
92	184		2023.
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97	189		Presiding Officer of the House
98	190		of Representatives
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101		-	Passed the Senate the ~~17th~~ day of ~~April~~, 2023.
	193	+	Passed the Senate the ___ day of __________, 2023.
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106	198		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: _________________________________
124		-

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If Regardless of whether such provisions are included in a

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contract, the homeowner shall not file a lawsuit against the

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contractor until the conditions precedent as set forth in parag raphs

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144

1 and 2 of this subsection have been fulfilled. In the eve nt the

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homeowner files a lawsuit against the contractor without fulfilling

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the conditions precedent, the contractor shall be entitled to a stay

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147

of proceedings until such c onditions have been fulfilled. If the

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conditions precedent have been fulfilled, the homeowner may seek

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149

remedies against the contractor as provided by law. The provisions

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of this section shall not be subject to, and nothing herein is

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151

intended to alter, co ntradict or otherwise diminish the application

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152

of, the terms of a separate express contractual warranty agreed upon

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153

by a contractor or homeowner. This section does not create a cause

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154

of action or derivative liability or extend a limitations period.

Oklahoma 2024 Regular Session

Oklahoma House Bill HB1597 Compare Versions