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4.11 SR 10-07-2024
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4.11 SR 10-07-2024
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10/7/2024
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the Owners must submit the matter to the homeowner warranty dispute resolution process under <br />Section 327A.051. <br />This section does not prevent the Owners from obtaining the information in a written offer to repair <br />from another contractor or from negotiating with the vendor or home improvement contractor for a <br />different scope of work. <br />Upon completion of repairs described in an offer to repair, the home improvement contractor must <br />provide the Owners with a written notice that the scope of the work agreed upon has been <br />completed, a list of the repairs made and a notice that the Owners may have a right to pursue a <br />warranty claim under this chapter. Provision of this statement is not an admission of liability, and <br />compliance with this requirement does not affect any rights of the Owners under this Section 327A. <br />As noted above, if the parties do not agree to a scope of work, the Owners must submit the matter to the <br />homeowner warranty dispute resolution process under Section 327A.051. That process includes the <br />following: <br /> <br />The home warranty dispute resolution process is commenced by written application to the <br />commissioner. A request must include the complete current address and full name of the contact <br />person for each participating party. <br />Within ten days of receiving a written request, the commissioner shall provide each party with a <br />written list of three qualified neutrals randomly selected from the panel of neutrals established by the <br />commissioner. The commissioner shall also provide complete contact information for each qualified <br />neutral. <br />Within five business days after receipt of the list from the commissioner, the parties shall mutually <br />select one of the three qualified neutrals identified by the commissioner to serve as the qualified <br />neutral for their dispute. If the parties cannot mutually agree on a neutral, the home improvement <br />contractor shall strike one of the neutrals from the list, the Owners shall subsequently strike one of <br />the remaining neutrals from the list, and the remaining neutral shall serve as the qualified neutral for <br />the dispute resolution process. The parties shall notify the selected qualified neutral and the <br />commissioner of the selection. <br />The qualified neutral selected by the parties shall convene, and each party shall attend, an in-person <br />conference of the parties. The qualified neutral shall select the date for the conference after <br />consulting the parties. The conference must occur no later than 30 days after the neutral's selection, <br />except by mutual agreement of the parties. In addition, the neutral shall collect from each party an <br />administrative fee of $25 and shall submit those fees to the commissioner no later than ten days after <br />the completion of the conference. <br />At least seven days before the conference, each party must provide the qualified neutral and the other <br />party with all information and documentation necessary to understanding the dispute, or the alleged <br />loss or damages. <br />After reviewing the information and documentation provided by the parties and after consulting with <br />the parties at the conference, the neutral shall issue to the parties a nonbinding, written <br />determination, which must include, to the extent possible, findings and recommendations on the <br />9/12/24, 9:13 PM Proposal Print <br />https://buildertrend.net/app/LeadProposal/Print/10081477 9/12Page 77 of 139
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