§ 143-143.17. Presenting claims for warranties and substantial defects. - North Carolina Statutes

§ 143‑143.17. Presenting claims for warranties and substantial defects.

(a)        Whenever a claimfor warranty service or about a substantial defect is made to a licensee, itshall be handled as provided in this Part. The licensee shall make a record ofthe name and address of each claimant and the date, substance, and dispositionof each claim about a substantial defect. The licensee may request that a claimbe in writing, but must nevertheless record it as provided above, and may notdelay service pending receipt of the written claim.

(b)        When the licenseenotified is not the responsible party, he shall in writing immediately notifythe claimant and the responsible party of the claim. When a responsible partyis asked to remedy defects, it may not fail to remedy those defects becauseanother party may also be responsible. Nothing in this section prevents a partyfrom obtaining compensation by way of contribution or subrogation from anotherresponsible party in accordance with any other provision of law or contract.

(c)        Within the timelimits provided in this Part, the licensee shall either resolve the claim ordetermine that it is not justified. At any time a licensee determines that aclaim for warranty service is not justified in whole or in part he shall immediatelynotify the claimant in writing that the claim or part of the claim is rejectedand why, and shall inform the claimant that he is entitled to complain to theBoard, for which a complete mailing address shall be provided. (1981, c. 952, s. 2; 1987, c.429, s. 19; 1999‑393, s. 1; 2005‑451, s. 1.)