The legislative process, laws, and statutes vary for different states in the United States. Nevertheless, laws are most often than not quite similar. In the construction field, ensuring that the works and systems in place align with the state laws is undeniably detrimental. Therefore, construction jobs require detailed and reasonable contracts between the necessary parties.
The Idaho legislature facilitates crucial general provisions related to construction contracts guiding important payment terms between the project’s owner, the contractor, and the subcontractor, as indicated in Section 29-115. The Notice and Opportunity to Repair Act(NORA) is a vital publication regulating construction contracts.
What is the NORA Act?
The legislature of Idaho enacted the NORA Act in 2003, supported by the Idaho Building Contractors Association. The latter played a fundamental role in recommending the law, which had the sole purpose of reducing the number of lawsuits filed by construction owners against contractors. In a nutshell, here is a summary of what to expect from the paper.
Essential Points to the Contactor: NORA Act
- Exclusively Residences!
Essentially, the NORA Act only covers the conflict between contractors and residential homeowners. In this context, residences are units or condominiums in a multi-unit development (transferrable under a cooperative system), single-family houses, duplexes, triplex, or quadruplexes.
- Everything should be Written
Responses to the homeowner or notices should be in writing. The answer may address either of three critical aspects applicable to the suit, including:
- Proposition for inspection of the property, detailing the inspection completion deadline.
- An offer to compromise or settle the matter without inspection.
- Dispute of the claim by the contractor, which may state that the contractor refuses to compromise the affirmation or carry out inspection.
3. NORA only applies to defects
The Act only provides for claims of construction defects. Thus, the homeowner cannot claim failed performance of the contractor under the construction contract. Additionally, homeowners only require a general nature description of the defect, as most may not understand the technical bit of the construction.
5. Every minute counts
Dissatisfied homeowners can only file suit at least 21 days from the date of issue of notice. This means that the contractor is racing against time to issue a response, and the sooner they do, the greater the window to explore other options, including negotiation.
6. Only homeowners can claim damages
NORA also issues guidelines on the damages the homeowner may claim, including recovering attorney’s fees against the contractor unless defined in the contract. These are some things to look out for before signing up for construction jobs. It considerably adds weight to the consequences of the contractor’s response concerning whether to compromise, inspect, or deny the claim altogether.
The NORA Act puts more pressure on the contractor’s corner; therefore, it is only wise for the contractor to seek attorney advice upon receiving the notice. In some cases, time is undoubted of the essence. Working in a professional environment and quality company will save you the hustle of dealing with some of these issues. Kilgore companies offer a broad spectrum of construction jobs with the sole purpose of helping you grow careerwise.