Montana Advance Damage Release (Construction)

State:
Multi-State
Control #:
US-OG-903
Format:
Word; 
Rich Text
Instant download

Description

This form is an advance damage release for construction.

How to fill out Advance Damage Release (Construction)?

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FAQ

28-2-2201. Residential construction contracts -- disclosure and warranty requirements. (1) For the purposes of this section, "residential construction contract" means a contract between a general contractor and an owner for the construction of a new residence.

Most contractors are familiar with the ?one-year warranty,? assuming that they are not liable for workmanship defects after one year.

Montana has a ten year statute of repose for construction defects. MCA § 27-2-208. However, if the injury occurred in the tenth year, the claim may be brought within one year of the injury occurring.

It is equivalent to the contractor warranting that no defects or deficiencies will develop in its construction work for a period of a year, combined with a promise to return to the jobsite to repair or replace any work which is found to be defective or deficient before the expiration of the one year period.

§ 27-2-208 acts as an absolute bar to all claims for damages to real property resulting from design, planning, or other construction brought more than 10 years later. Hill Cty. High Sch., 2017 MT 20, ¶ 12, 390 P. 3d at 605.

For claims related to personal property damage, the statute of limitations is two years.

Breach of obligation other than contract. For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this code, is the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not.

Workmanship, Materials and Mechanical Systems are covered for 1 year. Structural Coverage on Designated Structural Elements is provided for 10 years. Pricing based on low flat rates per home. Builder liability in the Montana CSW program is limited to 1 year only.

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Montana Advance Damage Release (Construction)