Iowa Code 686.4 – Multiple construction defects
Current as of: 2023 | Check for updates
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Terms Used In Iowa Code 686.4
- Action: means any civil action or arbitration proceeding for damages or indemnity asserting a claim for injury to property, real or personal, arising out of the unsafe or defective condition of an improvement to real property based on tort, breach of contract, or express or implied warranty. See Iowa Code 686.1
- Claimant: means a private owner, a subsequent private owner, or an association, who asserts a claim in a class action for damages against a general contractor or subcontractor concerning a construction defect. See Iowa Code 686.1
- Construction defect: means an alleged or actual unsafe or defective condition of an improvement to real property. See Iowa Code 686.1
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
The procedures in this chapter apply to each construction defect. However, a claimant may include multiple defects in one notice of claim. A claimant may amend the initial list of construction defects to identify additional or new construction defects as the defects become known to the claimant. The court shall allow the action to proceed to trial only as to alleged construction defects that were noticed and for which the claimant has complied with this chapter and as to construction defects reasonably related to, or caused by, the construction defects previously noticed. Nothing in this section shall preclude subsequent or further actions.