You’ve just built your dream home. However, the dream quickly turns into a nightmare when a myriad of defects comes to light. The foundation is cracked, the trim is crooked, the cabinets are barely holding together. Many home owners simply would rather move on to a new contractor rather than continue to deal with someone who made so many mistakes.
However, in Iowa, doing so could seriously harm the homeowner’s possible efforts to go after the contractor. The Iowa Legislature recently enacted Senate File 532, which puts additional requirements on property owners. Before a property owner can file suit against a contractor for defective work, the owner must allow the contractor the opportunity to repair the defects, by giving the contractor written notice of a potential claim. The notice must describe the defects, and must specifically refer to the statutory chapter (Ch. 686). After providing the notice, the owner must wait 120 days before filing suit, or the courts will simply refuse to hear the case.
