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Current as of January 01, 2024 | Updated by FindLaw Staff
(1) In a suit subject to 70-19-427 and this section, 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 70-19-427;
(b) the reasonably necessary expenses of temporary housing during the repair period;
(c) the reduction in market value, if any, to the extent the reduction is due to a construction defect; and
(d) reasonable costs and attorney fees.
(2) Sections 70-19-426, 70-19-427, and this section do not supersede contractual alternative dispute resolution procedures contained in a contract between a claimant and a construction professional.
Cite this article: FindLaw.com - Montana Title 70. Property § 70-19-428. Construction defect disputes--damages - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-70-property/mt-code-ann-sect-70-19-428/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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