8-2-39. Discovery of additional defects after original notice given.

A construction defect that is discovered after a claimant has provided a contractor with the initial claim notice may not be alleged in an action until the claimant has given the contractor who performed the original construction:#

1. (1)

   Written notice of claim regarding the alleged defect as required by Code Section 8-2-38; and#

2. (2)

   An opportunity to resolve the notice of claim in the manner provided in Code Section 8-2-38.#

A construction defect that is discovered during the pendency of an action filed in compliance with this part may be added as a supplemental or additional claim to the pending action if failure to add the claim would prejudice any legal rights of the claimant or the contractor; provided, however, that the claimant shall comply with the requirements of subsection (a) of this Code section, and such action shall be immediately stayed until completion of the notice of claim process, unless otherwise agreed by the parties.#