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As used in this chapter:
(A) "Construction defect" means a deficiency that arises directly or indirectly out of the construction or the substantial rehabilitation of a residential building. "Substantial rehabilitation" includes the addition of a room and the removal or installation of a wall, partition, or portion of the structural design.
(B) "Dwelling action" means any civil action in contract or tort for damages or indemnity brought against a residential contractor for damages or the loss of use of real property caused by a construction defect.
(C) "Owner" means an owner or a prospective owner of a residential building or a dwelling unit in a residential building who enters into a contract with a residential contractor for the construction or substantial rehabilitation of that residential building or unit.
(D) "Residential building" means a structure that is a one-family, two-family, or three-family dwelling house or a dwelling unit within that structure, any accessory structures incidental to that dwelling house, and a unit in a condominium development in which the owner holds title to that unit. "Residential building" includes any structure that is used as a model to promote the sale of a similar dwelling house.
(E) "Residential contractor" means a person or entity who, for pay, enters into a contract with an owner for the construction or the substantial rehabilitation of a residential building and who has primary responsibility for the construction or substantial rehabilitation of a residential building.
(F) "Accessory structure" has the same meaning as in section 3781.06 of the Revised Code.
SKELTON, MeQUISTON, GOUNARIS & HENRY ATTORNEYS AT LAW Fiest National Plaza 130 W, Second Street Suite 1818 Dayton, Ohio 45402 (937) 226-1212 Fax (937) 226-1224 (gin suum BFILED : 8 7 OF COMMON PLEAS 701 UN 249 P 152° GREGORY A. BRUSH Cue COURTS Cy, BHIO IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO CIVIL DIVISION LISA A. GARBER Plaintiff, : CASE NO: 2008 CV 11304 (Judge Michael L. Tucker) -vs- GREG DART, et al. : PLAINTIFF'S RESPONSE TO DEFENDANT’S MOTION TO Def…
Dec 19, 2008
CLOSED
Montgomery County, OH
Jun 29, 2009
OTHER TORT
COWAN & HILGEMAN 12 West Monument Avenue, Suite 100 Dayton Ohio 45402 Tel: (937)222-2030 » Fax: (937)224-7182 to iidianay FILED s CURT OF COMMOH PLEAS 2000 JUN ITO P & 00 OF IRTS MONTECMERY CO. CHIO IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO CIVIL DIVISION LISA A. GARBER * Case No. 2008-CV-11304 Plaintiff, * Judge Michael L. Tucker vs. * * DEFENDANTS’ GREGORY L. DART, et al., . MOTION TO DISMISS . PLAINTIFF’S COMPLAINT Defendants. . WITH AFFIDAVIT Now come the De…
Dec 19, 2008
CLOSED
Montgomery County, OH
Jun 10, 2009
OTHER TORT
COWAN & HILGEMAN 12 West Monument Avenue, Suite 100 Dayton Ohio 45402 Tel: (937)222-2030 + Fax: (937)224-7182 CIVIL DIVISION * * * * * * * * * * * * * LISA A. GARBER ‘Case No. 2008-CV-11304 Judge Michael L. Tucker Plaintiff, vs. IDEFENDANTS’ REPLY TO PLAINTIFF’S RESPONSE TO DEFENDANTS’ MOTION TO DISMISS, WITH AFFIDAVIT GREGORY L. DART, et al., Defendant. Now come Defendants, Gregory L. Dart and G.L. Dart General Contracting Company (“Defendant”), by and through counsel,…
Dec 19, 2008
CLOSED
Montgomery County, OH
Jul 09, 2009
OTHER TORT
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