All of the statutes share a common theme: Before a homeowner may file a legal action—or, in some states, commence an arbitration—against a builder seeking relief for construction defects, the homeowner must give written notice to the builder for the claimed defects and provide a fair opportunity to the builder to remedy the defects. In Colo., S.C., Fla. and Tenn., owners of non-residential property are also subject to the notice requirements of those states' acts. In many states, such notice must be provided not only to builders but also to design professionals and even material suppliers. In most states, a legal action may be dismissed without prejudice or stayed until the homeowner has complied with the notice provisions of the relevant state's act. In some states, damages may be limited in the event of non-compliance of the notice provisions.

Although the statutes seem straightforward, they leave questions unanswered that may impact an adjuster handling a property damage loss potentially related to a construction defect. Does the statute apply to subrogation claims? Do the requirements of the statute apply to emergency repairs necessary to mitigate further damage? Will compliance with the relevant law toll an impending statute of limitations or statute of repose?