South Dakota Adopts NOR
On March 5, Governor Mike Rounds signed
South Dakota
’s notice and opportunity to repair (NOR) legislation, making South Dakota the 31st state to adopt NOR. 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.
South Dakota
follows
Minnesota
, which enacted NOR in last year. That new measure holds that, before commencing an action against a construction professional, for an alleged construction defect, the homeowner shall allow the construction professional, within thirty days after service of the notice, to inspect the alleged construction defect and serve on the home owner a written offer to repair the construction defect or compensate the owner by monetary payment.
Last year,
Minnesota
,
Oklahoma
and
Wisconsin
enacted NOR statutes. In addition,
Virginia
strengthened its existing opportunity to repair law by including condominiums and condo conversions in the NOR process.
For more information about South Dakota’s NOR law, e-mail Jean Wharton with the South Dakota Home Builders Association, or call her at 605-224-2761
For more information about NOR laws across the country, e-mail Alex Strong with NAHB's State and Local Government Affairs department, or call him at 800-368-5242 x8279.
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