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Notice and Opportunity to Repair Laws Continue to Gain Ground

Bills to create new and enhance existing Notice and Opportunity to Repair laws are making progress around the country.

In general, these laws are designed to provide builders with an opportunity to respond to complaints from home buyers about construction defects before lawsuits are initiated.

The movement to advance this type of legislation got started several years ago when Arizona, California and Washington passed Notice and Opportunity to Repair laws. To date, 18 states have similar laws on record. Insurers have said that these laws are important and a necessary first step in making general liability insurance more widely available and more affordable.

As of April 1, legislation to create new Notice and Opportunity to Repair laws included:

• Georgia Senate Bill 563
• Hawaii House Bill 2761, Senate Bill 2358
• Illinois House Bill 3627
• Maryland House Bill 1324
• Mississippi House Bill 722 and Senate Bill 2638
• Missouri House Bill 1166 and Senate Bill 1081
• Nebraska Legislative Bills 1200 and 1225
• Ohio House Bill 175
• Oklahoma House Bill 2136
• Pennsylvania House Bill 1875
• Tennessee House Bill 2787/Senate Bill 2931 and House Bill 2771/Senate Bill 2201

Legislation to amend or enhance existing Notice and Opportunity to Repair laws includes:

• Alaska House Bill 340
• Arizona House Bill 1311
• California Assembly Bill 2812
• Florida Senate Bill 3046 
• South Carolina House Bill  4460
• Washington Senate Bill 5536

For information on specific legisation, contact your state lobbyist. E-mail Sam Leyvas at NAHB for help with general questions about Notice and Opportunity to Repair legislation, or call him at 800-368-5242 x8326.

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