Idaho State Statutes - Idaho Attorney Directory

(1) Prior to commencing an
action against a construction professional for a construction defect, the
claimant shall serve written notice of claim on the construction professional.
The notice of claim shall state that the claimant asserts a construction
defect claim against the construction professional and shall describe the
claim in reasonable detail sufficient to determine the general nature of the
defect. Any action commenced by a claimant prior to compliance with the
requirements of this section shall be dismissed by the court without prejudice
and may not be recommenced until the claimant has complied with the
requirements of this section. If a written notice of claim is served under
this section within the time prescribed for the filing of an action under this
chapter, the statute of limitations for construction-related claims is tolled
until sixty (60) days after the period of time during which the filing of an
action is barred.
(2) Within twenty-one (21) days after service of the notice of claim, the
construction professional shall serve a written response on the claimant. The
written response shall:
(a) Propose to inspect the residence that is the subject of the claim and
to complete the inspection within a specified time frame. The proposal
shall include the statement that the construction professional shall,
based on the inspection, offer to remedy the defect, compromise by
payment, or dispute the claim;
(b) Offer to compromise and settle the claim by monetary payment without
inspection; or
(c) State that the construction professional disputes the claim and will
neither remedy the construction defect nor compromise and settle the
claim.
(3) (a) If the construction professional disputes the claim or does not
respond to the claimant's notice of claim within the time stated in
subsection (2) of this section, the claimant may bring an action against
the construction professional for the claim described in the notice of
claim without further notice.
(b) If the claimant rejects the inspection proposal or the settlement
offer made by the construction professional pursuant to subsection (2) of
this section, the claimant shall serve written notice of the claimant's
rejection on the construction professional. After service of the
rejection, the claimant may bring an action against the construction
professional for the construction defect claim described in the notice of
claim. If the construction professional has not received from the
claimant, within thirty (30) days after the claimant's receipt of the
construction professional's response, either an acceptance or rejection of
the inspection proposal or settlement offer, then at anytime thereafter
the construction professional may terminate the proposal or offer by
serving written notice to the claimant, and the claimant may thereafter
bring an action against the construction professional for the construction
defect claim described in the notice of claim.
(4) (a) If the claimant elects to allow the construction professional to
inspect in accordance with the construction professional's proposal
pursuant to subsection (2)(a) of this section, the claimant shall provide
the construction professional and its contractors or other agents
reasonable access to the claimant's residence during normal working hours
to inspect the premises and the claimed defect.
(b) Within fourteen (14) days following completion of the inspection, the
construction professional shall serve on the claimant:
(i) A written offer to remedy the construction defect at no cost to
the claimant, including a report of the scope of the inspection, the
findings and results of the inspection, a description of the
additional construction necessary to remedy the defect described in
the claim and a timetable for the completion of such construction;
(ii) A written offer to compromise and settle the claim by monetary
payment pursuant to subsection (2)(b) of this section; or
(iii) A written statement that the construction professional will not
proceed further to remedy the defect.
(c) If the construction professional does not proceed further to remedy
the construction defect within the agreed timetable, or if the
construction professional fails to comply with the provisions of
subsection (4)(b) of this section, the claimant may bring an action
against the construction professional for the claim described in the
notice of claim without further notice.
(d) If the claimant rejects the offer made by the construction
professional pursuant to subsection (4)(b)(i) or (ii) of this section to
either remedy the construction defect or to compromise and settle the
claim by monetary payment, the claimant shall serve written notice of the
claimant's rejection on the construction professional. After service of
the rejection notice, the claimant may bring an action against the
construction professional for the construction defect claim described in
the notice of claim. If the construction professional has not received
from the claimant, within thirty (30) days after the claimant's receipt of
the construction professional's response, either an acceptance or
rejection of the offer made pursuant to subsection (4)(b)(i) or (ii) of
this section, then at any time thereafter the construction professional
may terminate the offer by serving written notice to the claimant.
(5) (a) Any claimant accepting the offer of a construction professional
to remedy the construction defect pursuant to subsection (4)(b)(i) of this
section shall do so by serving the construction professional with a
written notice of acceptance within a reasonable time period after receipt
of the offer and no later than thirty (30) days after receipt of the
offer. The claimant shall provide the construction professional and its
contractors or other agents reasonable access to the claimant's residence
during normal working hours to perform and complete the construction by
the timetable stated in the offer.
(b) The claimant and construction professional may, by written mutual
agreement, alter the extent of construction or the timetable for
completion of construction stated in the offer including, but not limited
to, repair of additional defects.
(6) Written or oral statements made by a claimant or by a construction
professional in the course of complying with the procedures required or
authorized by this section shall not be considered an admission of liability
and shall not be admissible in an action subject to this section.
(7) Nothing in this section shall be construed to prevent a claimant from
commencing an action on the construction defect claim described in the notice
of claim if the construction professional fails to perform the construction
agreed upon, fails to remedy the defect or fails to perform by the timetable
agreed upon pursuant to subsection (4)(b) or (5)(b) of this section.

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