[§672E-9]  Additional construction defects.  A construction defect discovered after the notice of claim is served may not be alleged in an action until the claimant has given the contractor:

     (1)  A written notice of claim regarding the alleged defect under section 672E-3; and

     (2)  An opportunity to repair the construction defect or reject the notice of claim under section 672E-4. [L 2004, c 119, pt of §2]