CHAPTER 419

FORMERLY

HOUSE BILL NO. 519

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO HOME CONSTRUCTION AND HOME IMPROVEMENT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 36, Title 6 of the Delaware Code by striking the chapter heading which reads "New Home Buyers Protection Act" and by inserting in lieu thereof a new chapter heading to read:

"Chapter 36. Home Construction and Improvement Protection."

Section 2. Amend Chapter 36, Title 6 of the Delaware Code by designating the contents thereof as "Subchapter 1. New Home Buyers Protection Act."

Section 3. Amend Subchapter 1, Chapter 36, Title 6 of the Delaware Code by striking the word "chapter" each time it appears therein and by inserting in lieu thereof in each instance the word "subchapter".

Section 4. Amend Chapter 36, Title 6 of the Delaware Code by inserting a new subchapter to read:

"Subchapter II. Home Owner's Protection Act.

3651. Definitions.

As used in this subchapter:

(1) 'Improvement' includes buildings, roads, streets, entrances and walkways of any type constructed thereon, and other structures affixed to and on land, as well as any changes to the land itself.

(2) 'Construction' includes construction, erection, building, alteration, repair, reconstruction and destruction of improvements to real property.

(3) 'Residential Real Property' means any estate in real property improved by a dwelling for use as a residence.

§ 3602. Economic loss relating to improvements to residential real property.

No action based in tort to recover damages resulting from negligence in the construction or manner of construction of an improvement to residential real property and/or in the designing, planning, supervision and/or observation of any such construction or manner of construction shall be barred solely on the ground that the only losses suffered are economic in nature."

Approved June 30, 1996