Idaho State Statutes - Idaho Attorney Directory

(1) In a suit subject to section 6-2503,
Idaho Code, the claimant may recover only the following damages proximately
caused by a construction defect:
(a) The reasonable cost of repairs necessary to cure any construction
defect, including any reasonable and necessary engineering or consulting
fees required to evaluate and cure the construction defect, that the
contractor is responsible for repairing under this chapter;
(b) The reasonable expenses of temporary housing reasonably necessary
during the repair period;
(c) The reduction in market value, if any, to the extent that the
reduction is due to structural failure; and
(d) Reasonable and necessary attorney's fees.
(2) If a construction professional fails to make a reasonable offer as
required under section 6-2503, Idaho Code, or fails to make a reasonable
attempt to complete the repairs specified in an accepted offer, or fails to
complete, in a good and workmanlike manner, the repairs specified in an
accepted offer, the limitations on damages and defenses to liability provided
for in this section shall not apply.
(3) If a claimant denies a request to inspect as provided for in section
6-2503, Idaho Code, unreasonably rejects an offer to remedy the construction
defect or does not permit the construction professional a reasonable
opportunity to repair the defect pursuant to an accepted offer of settlement,
the claimant may not recover an amount in excess of:
(a) The reasonable cost of the offered repairs which are necessary to
cure the construction defect and which are the responsibility of the
construction professional; or
(b) The amount of a reasonable monetary settlement offer made under
section 6-2503, Idaho Code; and
(c) The amount of reasonable and necessary attorney's fees and costs
incurred before the offer was rejected or considered rejected.
(4) The total damages awarded in a suit subject to this chapter may not
exceed the greater of the claimant's purchase price for the residence or the
current fair market value of the residence without the construction defect.
(5) A builder, under the principles of comparative fault pertaining to
affirmative defenses, may be excused, in whole or in part, from any
obligation, damage, loss or liability if the builder can demonstrate any of
the following affirmative defenses in response to the claimed construction
defect action:
(a) An unforeseen act of nature caused the structure not to meet the
standard. For purposes of this section, an "unforeseen act of nature"
means a weather condition, earthquake or man-made event such as war,
terrorism or vandalism, in excess of the design criteria expressed by the
applicable building codes, regulations and ordinances in effect at the
time of original construction.
(b) The homeowner unreasonably failed to minimize or prevent those
damages in a timely manner. Such failure includes the failure of the
homeowner to allow reasonable and timely access for inspections and
repairs under this chapter or to give timely notice to the builder after
discovery of a construction defect, but does not include damages due to
the untimely or inadequate response of a builder to the homeowner's claim
of a construction defect.
(c) The homeowner or his or her agent, employee, subcontractor,
independent contractor or consultant failed to follow the builder's or
manufacturer's recommendations or commonly accepted homeowner maintenance
obligations. In order to rely upon this defense as it relates to a
builder's recommended maintenance schedule, the builder must show that the
homeowner had written notice of these schedules and recommendations and
that the schedules and recommendations were reasonable at the time they
were issued.
(d) The damage or loss was caused by the homeowner's or his or her
agent's or an independent third party's alterations, ordinary wear and
tear, misuse, abuse or neglect, or by the structure's use for something
other than its intended purpose.
(e) The time period for filing actions bars the claim.
(f) The action relates to a particular claim for which the builder has
obtained a valid release.
(g) The builder's repair was successful in correcting the particular
claimed construction defect to the applicable standard.
(6) All applicable affirmative defenses are preserved for causes of
action to which this chapter does not apply.

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