Montana § 28-2-2201 - Residential Construction Contracts -- Disclosure And Warranty Requirements

§ 28-2-2201. Residential Construction Contracts -- Disclosure And Warranty Requirements

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. (2) All residential construction contracts that are subject to the provisions of this section must be in writing and must contain the following: (a) a disclosure that the general contractor has a current general liability policy; (b) a disclosure that the general contractor has a workers' compensation policy or is an independent contractor without employees; (c) a provision setting out the billing cycle establishing the payment schedule to be followed by the owner; (d) a provision establishing procedures for handling change orders by the owner; (e) a statement of all inspections and tests that the general contractor will perform or have performed prior to, during, or upon completion of construction and a statement that the owner is entitled to receive the results of any tests conducted by the general contractor or conducted at the general contractor's request; (f) a statement that the owner is entitled at the owner's expense to have any inspections and tests conducted that the owner considers necessary; and (g) a statement that the general contractor is providing an express warranty that is valid for a period of at least 1 year from completion of the construction project. The warranty must provide detailed descriptions of those components that are included or excluded from the warranty, the length of the warranty, and any specialty warranty provisions or time periods relating to certain components. The warranty provisions must also clearly set forth the requirements that must be adhered to by the buyer, including the time and method for reporting warranty claims, in order for the warranty provision to become applicable.