1152jb

___________________ moved that HB 1152 be amended as follows:

     On page 1, line 12 of the printed bill, after " and " delete " , with respect to residential property, " .

     On page 3 , line 2, delete " one " and insert "seventy-five".

     On page 3 , line 3, delete " hundred twenty " .

     On page 3 , line 7, delete " The " .

     On page 3 , delete line 8 .

     On page 3 , line 9, delete everything after " Section 9. " and insert "Within thirty days of service of the notice of claim".

     On page 3 , line 10, delete " conducted pursuant to section 8 of this Act " .

     On page 3 , line 18, after " work. " insert "If no offer is received by the claimant, the claimant may proceed with an action against the construction professional.".

     On page 4 , line 5, after " is " delete " be " .

     On page 4 , line 6, delete everything after " accepted. " .

     On page 4 , delete lines 7 and 8 .

     On page 4 , line 15, delete " unfettered " and insert "reasonable".

     On page 4 , line 21, after " of claim " delete " , unless the parties have contractually agreed to a " and insert ".".

     On page 4 , delete lines 22 and 23 .

     On page 5 , line 2, after " defect " insert "or complete the repair of the defect in a good and workman-like manner".

     On page 5 , line 7, delete " After the sending of a notice of claim, a " and insert "A".

     On page 5 , line 12, after " defects " insert "which were".

     On page 5 , line 13, after " not " insert "generally".

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     On page 5 , line 20, after " recover " insert "as part of an action".

     On page 5 , line 20, after " damages " delete " in an action " and insert "as defined in section 2 of this Act".

     On page 6 , line 4, after " the claim " insert "which was generally".

     On page 6 , line 7, after " no " insert "award of noneconomic".

     On page 7 , after line 12, insert:

"

     Section 26. This Act does not apply to any of the following:

             (1)    Any action related to a construction defect in an improvement of a railroad or public or private utility;

             (2)    Any action by a claimant against a construction professional with whom the claimant has an express contract that specifically modifies the procedures required by this Act; or

             (3)    Any action in which, prior to commencement of the action, the claimant provided notice to the construction professional of the alleged defect and provided the construction professional reasonable access to the claimant's property to inspect the property and claimed defect, and the construction professional failed to offer to remedy the defect within thirty days.".