{"data":{"id":"us-mt/70-19-426","jurisdiction":"us-mt","citation":"70-19-426","heading":"Residential construction disputes -- definitions.","body":"As used in 70-19-427, 70-19-428, and this section, the following definitions apply:\n(1) (a) \"Action\" means any civil lawsuit or action in contract or tort for damage or indemnity brought against a construction professional to assert a claim, whether by complaint, counterclaim, or cross-claim, for damage or the loss of use of real or personal property caused by a defect in the construction or remodeling of a residence.\n(b) The term does not include a civil action in tort alleging personal injury or wrongful death to a person or persons resulting from a construction defect.\n(2) \"Association\" means a unit owners' organization or a nonprofit corporation created to own and operate portions of a planned community that has the power to require unit owners to pay the costs and expenses incurred in the performance of the association's obligations.\n(3) \"Claimant\" means a home owner or association that asserts a claim against a construction professional concerning a defect in the construction or remodeling of a residence.\n(4) \"Construction defect\" means a deficiency in or arising out of the supervision, construction, or remodeling of a residence that results from any of the following:\n(a) defective materials, products, or components used in the construction or remodeling of a residence;\n(b) violation of the applicable building, plumbing, or electrical codes in effect at the time of the construction or remodeling of a residence;\n(c) failure to construct or remodel a residence in accordance with contract specifications or accepted trade standards.\n(5) \"Construction professional\" means a builder, builder vendor, contractor, or subcontractor performing or furnishing the supervision of the construction or remodeling of any improvement to real property, whether operating as a sole proprietor, partnership, corporation, or other business entity.\n(6) (a) \"Home owner\" means:\n(i) any person, company, firm, partnership, corporation, or association who contracts with a construction professional for the remodeling, construction, or construction and sale of a residence; or\n(ii) an association as defined in this section.\n(b) The term home owner includes but is not limited to a subsequent purchaser of a residence from any home owner.\n(7) \"Residence\" means a single-family house or a unit in a multiunit residential structure in which title to each individual unit is transferred to the owner under a condominium or cooperative system.\n(8) \"Serve\" or \"service\" means personal service or delivery by certified mail to the last-known address of the addressee.","path":["TITLE 70. PROPERTY","CHAPTER 19. REAL PROPERTY ACTIONS GENERALLY LIMITATIONS AND ADVERSE POSSESSION","Part 4. Limitations and Adverse Possession"],"source_url":"https://mca.legmt.gov/bills/mca/title_0700/chapter_0190/part_0040/section_0260/0700-0190-0040-0260.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:58:38Z","sha256":"b79d13c790afc465203d9c0e0910ba6d65233b426f9706e9777bb7f36e983e23","source_id":"us-mt","stale":false,"prev":"us-mt/70-19-422","next":"us-mt/70-19-427"},"notice":"GroundRules: Original legal text. Not legal advice."}