Vote Smart's Synopsis:

Vote to pass a bill that amends and supplements statutes related to housing, including establishing a four-year warranty against builder defects for new homes, increasing contractor registration, certification, and bonding requirements, requiring third-party inspection of new homes, and establishing a Home Construction Board to mediate disputes between construction professionals and homeowners.

Highlights:

-Requires legal action for a breach of warranty against a construction professional be filed within four years of the date in which the initial owner purchases the property, or in the case of the remodeling of residential property, within four years of the date of substantial completion of construction or termination of the construction project, whichever is later (Sec. 15). -Requires legal action for a breach of warranty against a construction professional that is based on a latent structural defect or latent water penetration defect be filed within four years of the date in which the claimant discovers or reasonably should have discovered the defect (Sec. 15). -Requires all new residential buildings to be inspected by a qualified building enclosure inspector who has substantial and verifiable training and experience in building enclosure design and construction, is free from improper interference or influence relating to the inspections, and is not an employee, officer, or director of the project, or have any pecuniary interest in the declarant, developer, association, or any party providing services or materials for the project, or any of their respective affiliates (Sec. 20). -Authorizes the qualified building inspector to be the architect or engineer who approved the building enclosure design documents or the architect or engineer of record (Sec. 20). -Specifies that the provisions of this Act do not establish a right of legal action against an inspector, architect, or engineer, or establish an independent basis for liability against an inspector, architect, or engineer (Sec. 20). -Increases the security bond for an application for contractor registration from $12,000 to $24,000 for general contractors, and from $6,000 to $12,000 for specialty contractors (Sec. 29). -Establishes the legislative intent to establish certification requirements for those doing construction work in the areas of roofing, siding, framing, foundations, doors, and windows, and requires the Department of Labor and Industries to contract for consultant services to develop recommendations to the legislature on establishing such standards, and requires those recommendations be submitted to the legislature by November 1, 2009 (Sec. 26). -Establishes the Home Construction Board to provide homeowners and construction professionals with a process to resolve construction disputes, consisting of the following 7 individuals appointed by the Governor and confirmed by the Senate (Sec. 7):

-3 individuals possessing a minimum of ten years of experience in the construction of residential property and are registered contractors or employees or officers of a registered contracting firm; -1 individual possessing a minimum of ten years of experience in the remodeling of residential property and is a registered contractor or employee or officer of a registered contracting firm; -1 licensed architect or professional engineer; -1 building inspector employed by a city or county; and -1 member of the general public.

- Requires homeowners to file a claim against a construction professional with the Board before filing legal action (Sec. 9). -Authorizes the Board to impose a processing fee of up to $100 for claims filed by homeowners (Sec. 9). -Authorizes the Board to investigate a claim if a resolution has not been reached between the homeowner and construction professional, and authorizes the Board to mediate the claim if they do not receive written notification that a resolution has been reached within 14 days of providing both parties with the findings of the investigation (Sec. 11). -Specifies that neither party is bound by anything done or said at a mediation conference held by the Board unless a settlement is reached, and specifies that if a settlement is not reached, the Board shall notify both parties that they may pursue any other right or remedy provided by statutory or common law (Sec. 11). -This is a substitute bill sponsored by the Senate Committee on Ways and Means.

Full Bill Text