[§672E-3]  Notice of claim of construction defect.  (a)  A claimant, no later than ninety days before filing an action against a contractor, shall serve the contractor with a written notice of claim.  The notice of claim shall describe the claim in detail and include the results of any testing done.  The notice of claim shall not constitute a claim under any applicable insurance policy and shall not give rise to a duty of any insurer to provide a defense under any applicable insurance policy unless and until the process set forth in section 672E‑5 is completed.  Nothing in this chapter shall in any way interfere with or alter the rights and obligations of the parties under any liability policy.

     (b)  A contractor served with a written notice of claim shall serve any other appropriate subcontractor with notice of the claim.  The contractor's notice shall include the claimant's written notice of claim.

     (c)  After serving the notice of claim, a claimant shall give to the contractor reasonable prior notice and an opportunity to observe if any testing is done. [L 2004, c 119, pt of §2]