Montana Title 70. Property § 70-19-426. Residential construction disputes--definitions

As used in 70-19-427 , 70-19-428 , and this section, the following definitions apply:

(1)(a) “Action” means any civil lawsuit or action in contract or tort for damage or indemnity brought against a construction professional to assert a claim, whether by complaint, counterclaim, or cross-claim, for damage or the loss of use of real or personal property caused by a defect in the construction or remodeling of a residence.

(b) The term does not include a civil action in tort alleging personal injury or wrongful death to a person or persons resulting from a construction defect.

(2) “Association” means a unit owners' organization or a nonprofit corporation created to own and operate portions of a planned community that has the power to require unit owners to pay the costs and expenses incurred in the performance of the association's obligations.

(3) “Claimant” means a home owner or association that asserts a claim against a construction professional concerning a defect in the construction or remodeling of a residence.

(4) “Construction defect” means a deficiency in or arising out of the supervision, construction, or remodeling of a residence that results from any of the following:

(a) defective materials, products, or components used in the construction or remodeling of a residence;

(b) violation of the applicable building, plumbing, or electrical codes in effect at the time of the construction or remodeling of a residence;

(c) failure to construct or remodel a residence in accordance with contract specifications or accepted trade standards.

(5) “Construction professional” means a builder, builder vendor, contractor, or subcontractor performing or furnishing the supervision of the construction or remodeling of any improvement to real property, whether operating as a sole proprietor, partnership, corporation, or other business entity.

(6)(a) “Home owner” means:

(i) any person, company, firm, partnership, corporation, or association who contracts with a construction professional for the remodeling, construction, or construction and sale of a residence;  or

(ii) an association as defined in this section.

(b) The term home owner includes but is not limited to a subsequent purchaser of a residence from any home owner.

(7) “Residence” means a single-family house or a unit in a multiunit residential structure in which title to each individual unit is transferred to the owner under a condominium or cooperative system.

(8) “Serve” or “service” means personal service or delivery by certified mail to the last-known address of the addressee.


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