70-19-428. Construction defect disputes -- damages. (1) In a suit subject to 70-19-427 and this section, the claimant may recover only the following damages proximately caused by a construction defect:
(a) the reasonable cost of repairs necessary to cure any construction defect, including any reasonable and necessary engineering or consulting fees required to evaluate and cure the construction defect, that the contractor is responsible for repairing under 70-19-427;
(b) the reasonably necessary expenses of temporary housing during the repair period;
(c) the reduction in market value, if any, to the extent the reduction is due to a construction defect; and
(d) reasonable costs and attorney fees.
(2) Sections 70-19-426, 70-19-427, and this section do not supersede contractual alternative dispute resolution procedures contained in a contract between a claimant and a construction professional.
History: En. Sec. 3, Ch. 412, L. 2003.
Structure Montana Code Annotated
Chapter 19. Real Property Actions Generally Limitations and Adverse Possession
Part 4. Limitations and Adverse Possession
70-19-401. Action for recovery -- possession within 5 years required
70-19-403. When action on claim by entry must be commenced
70-19-404. Presumption of possession within prescribed period -- adverse possession as exception
70-19-405. Title by prescription
70-19-407. Occupancy under claim founded on instrument or judgment -- when considered adverse
70-19-408. Claim founded on instrument or judgment -- what considered possession and occupation
70-19-409. Actual occupancy under claim of title not founded on instrument or judgment -- adverse
70-19-410. Claim of title not founded on instrument or judgment -- what considered occupation
70-19-411. Occupancy and payment of taxes necessary to prove adverse possession
70-19-412. Relation of landlord and tenant as affecting adverse possession
70-19-413. Certain disabilities to suspend running of statutory period
70-19-414. Right of possession not affected by descent cast
70-19-415. through 70-19-420 reserved
70-19-421. Action to recover royalty interest in land sold for taxes
70-19-422. through 70-19-425 reserved