Many construction professionals are not aware of the laws that govern construction defect claims. In Kentucky, the Notice and Opportunity to Repair Act, KRS 411.250 to 411.266, governs the claim procedure for any construction defect claim. The Act requires the homeowner or claimant to provide a notice of the defect to the builder or contractor prior to filing suit. The statute of limitations is tolled during this process as the parties respond to each issue claimed. The construction professional is given the opportunity to repair the defect if the parties agree to the method and terms of repair.
Likewise, in Ohio, under ORC 1312.01 to ORC 1312.08, the same basic procedure "applies only to an owner and a residential contractor who enter into a contract for the construction or the substantial rehabilitation of a residential building." see ORC 1312.02.
Both statutes have many other requirements and nuances, and the attorneys at O'Hara, Taylor, Sloan & Cassidy can advise you on how best to proceed. can advise you on how best to proceed. Contact us for a consultation. Contact our office by phone or e-mail to schedule your initial consultation and learn more about how our attorneys can help.