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     21-1-15.   Definitions. Terms used in this section and § 21-1-16 mean:
             (1)      "Action," any civil lawsuit or action in contract or tort for damage or indemnity brought against a construction professional to assert a claim for damage or the loss of use of real or personal property caused by a construction defect. The term does not include a counterclaim, cross-claim, or civil action in tort alleging personal injury or wrongful death resulting from a construction defect;
             (2)      "Construction defect," a deficiency in or arising out of the supervision, construction, or remodeling of a residence that results from any of the following:
             (a)      Defective materials, products, or components used in the construction or remodeling of a residence;
             (b)      Violation of the applicable building, plumbing, or electrical codes in effect at the time of the construction or remodeling of a residence; or
             (c)      Failure to construct or remodel a residence in accordance with contract specifications or accepted trade standards;
             (3)      "Construction professional," a builder, contractor, or subcontractor performing or furnishing the supervision of the construction or remodeling of any residence, whether operating as a sole proprietor, partnership, corporation, or other business entity;
             (4)      "Home owner," any person, company, firm, partnership, corporation, or association who contracts with a construction professional for the remodeling, construction, or construction and sale of a residence. The term includes a subsequent purchaser of a residence from any home owner;
             (5)      "Residence," a single-family house or a unit in a multi-unit residential structure in which title to each individual unit is transferred to the owner under a condominium or cooperative system;
             (6)      "Serve" or "service," personal delivery or delivery by certified mail to the last known address of the addressee.

Source: SL 2007, ch 137, § 1.

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