436.350. Definitions.

MISSOURI STATUTES AND CODES

Definitions.

436.350. As used in sections 436.350 to 436.365, unless the contextclearly requires otherwise, the following terms shall mean:

(1) "Action", any civil lawsuit, action, or proceeding, in contractor tort, or otherwise, for damages or indemnity, brought to assert a claim,whether by petition, complaint, counterclaim, or cross-claim, for damageto, diminution in the value of, or the loss of use of real or personalproperty caused by an alleged construction defect. Action does not includeany claim originating in small claims court, or any civil action in tortalleging personal injury or wrongful death to a person or persons resultingfrom an alleged construction defect;

(2) "Association":

(a) An association or unit owners' association as defined andprovided for in subdivision (3) of section 448.1-103, RSMo;

(b) A homeowners' association, including but not limited to anonprofit corporation or unincorporated association of homeowners createdpursuant to a declaration to own and operate portions of a plannedcommunity or other residential subdivision and which has the power underthe declaration to assess association members to pay the costs and expensesincurred in the performance of the association's obligations under thedeclaration, or tenants-in-common with respect to the ownership of commonareas or amenities of a planned community or other residential subdivision;or

(3) "Claimant", a homeowner or association which asserts a claimagainst a contractor concerning an alleged construction defect;

(4) "Construction defect", for the purposes of sections 436.350 to436.365, a deficiency in, or a deficiency arising from, any of thefollowing:

(a) Defective material, products, or components used in newresidential construction or from a substantial remodel;

(b) Violation of the applicable codes and ordinances, including thoseordinances which regulate zoning and the subdivision of land, in effect atthe time of the commencement of construction of residential improvements,or as to a substantive remodel, at the commencement of such substantialremodel; provided however, that any matter that is in compliance withapplicable codes and ordinances, including without limitation thoseordinances which regulate zoning and the subdivision of land, in effect atthe commencement of construction of residential improvements, or to asubstantial remodel as the case may be, shall conclusively establish thatsuch matter is not, nor shall it be deemed or construed to be aconstruction defect, unless a construction defect as to such matter isestablished because of defective material, products, or components used innew residential construction or in a substantial remodel;

(c) Failure to construct residential improvements in accordance withaccepted trade standards for good and workmanlike construction at the timeof construction. Compliance with the applicable codes and ordinances,including without limitation those ordinances which regulate zoning and thesubdivision of land, in effect at the commencement of construction, or of asubstantial remodeling as the case may be, shall conclusively establishconstruction in accordance with accepted trade standards for good andworkmanlike construction, with respect to all matters specified in thosecodes;

(d) Failure to construct residential improvements in accordance withthe agreement between the contractor and the claimant, notwithstandinganything to the contrary in this subdivision;

(5) "Contractor", any person, company, firm, partnership,corporation, association, or other entity that is engaged in the businessof designing, developing, constructing, or substantially remodelingresidences;

(6) "Homeowner", any person, company, firm, partnership, corporation,association, or other entity who contracts with a contractor for theconstruction, substantial remodel of a residence, or the sale of aresidence constructed by such contractor. Homeowner also includes asubsequent purchaser of a residence from any homeowner;

(7) "Residence", a single-family house, duplex, triplex, quadraplex,or a unit in a multiunit residential structure in which title to eachindividual unit is transferred to the owner under a condominium orcooperative system, and shall include common areas and common elements asdefined in subdivision (4) of section 448.1-103, RSMo. Residence shallinclude the land and improvements to land under and around the house, unit,or structure. Residence shall not include a manufactured home as definedin section 700.010, RSMo;

(8) "Serve" or "service", personal service to the person intended tobe notified or mailing to the last known address of such person;

(9) "Substantial remodel", a remodel of a residence, for which thetotal cost exceeds one-half of the assessed value of the residence forproperty tax purposes at the time the contract for the remodel work wasmade.