Ala. Admin. Code r. 465-X-7-.01
An aggrieved homeowner who contracts directly with a licensee of the Board holding a license without limitation or with limitation, excluding a license with limitation limited to roofing, may recover, from the Homeowners' Recovery Fund, actual economic damages sustained within the State of Alabama as the direct result of the licensee's gross negligence, incompetence and/or misconduct in the practice of residential home building or a violation by the licensee of the rules and regulations of the Board, provided that the aggrieved homeowner has obtained a valid judgment, excluding a consent judgment, and has exercised reasonable efforts to obtain a satisfaction of the judgment from the licensee prior to making a claim against the Homeowners' Recovery Fund. Actual economic damages is the reasonable cost of repairing the damages, other than minor cosmetic damages, sustained by a homeowner as the direct result of a licensed home builder's gross negligence, incompetence and/or misconduct in the practice of residential home building or a violation by a licensed residential home builder of the rules and regulations of the Board. Actual economic damages shall be supported by an itemized list of the actual economic damages incurred by the homeowner, a description of the repairs reasonable and necessary to correct the damages, and an estimate, by a licensee of the Board holding the type license required to perform the scope of the work included in the estimate, of the reasonable cost of making the repairs. Actual economic damages shall not include interest, damages awarded for pain and suffering or mental anguish, damages awarded for loss of consortium, damages which are the result of acts of the homeowner, court costs or attorney fees.
Ala. Admin. Code r. 465-X-7-.01
Authors: Kathy Perry Brasfield, Jamie A. Durham, J. Seth Gowan
Statutory Authority:Code of Ala. 1975, §§ 34-14A-2, 34-14A-5, 34-14A-11, 34-14A-15.