NOR at 30 and Counting...

On May 16, Governor Tim Pawlenty signed Minnesota’s notice and opportunity to repair (NOR) legislation, making it the 30th state to adopt opportunity to repair.  The legislation requires a homeowner to notify a builder of an alleged construction defect.  The builder can then inspect and make an offer to repair within 30 days of receiving the notice. 

“The enactment of NOR is a victory for homeowners and homebuilders alike.  Members of the Builders Association worked long hours with homeowners and the legal community to make this work,” said Jeffrey M. Schoenwetter (JMS Custom Homes), president of the Builders Association of Minnesota.  “We applaud the Legislature and Governor Pawlenty for providing a process that allows a homeowner and builder to resolve a construction dispute without having to go to court.”

Minnesota follows Oklahoma, which enacted NOR in late April.  That new measure allows a residential construction contract to include NOR provisions that require a home owner to notify a builder of an alleged construction defect before filing a lawsuit. The builder then has 30 days to respond by either offering to repair the defect or provide compensation.

“We worked very hard and overcame many obstacles to enact the NOR bill,” said Rex Alexander, president of the Oklahoma State Home Builders Association. “We believe this equitable alternative to costly litigation will benefit both home buyers and home builders."

“The trend of states adopting NOR continues as Minnesota and Oklahoma have chosen to enact new laws that offer homeowners a reasonable alternative to contentious litigation,” said NAHB President David Pressly.  “NOR ensures that homeowners can have construction defects remedied without having to incur expensive legal fees and court costs.  I applaud the efforts of our builders throughout Minnesota and Oklahoma who worked so diligently with members of both political parties to see these laws enacted.”

In addition to Minnesota and Oklahoma, Wisconsin enacted an NOR statute earlier in the year, and Virginia strengthened its existing opportunity to repair law by including condominiums and condo conversions in the NOR process.

For more information about Minnesota's NOR law, e-mail Lisa Frenette, Director of Government Affairs with the Builders Association of Minnesota, or call her at 651-646-7959.

For more information on the Oklahoma legislation, e-mail Mike Means, Executive Vice President of the Oklahoma State HBA, or call him at 405-843-5579.

For more information about NOR laws across the country, e-mail Gerry Keegan with NAHB's State and Local Government Affairs department, or call him at 800-368-5242 x8326.  [ return to top ]