HARRY HUGHES, Governor

3333

(f) (1) If, after July 1, 1982, a builder of a
building fails to comply with the energy conservation
standards required for certification under this section, or
the builder fails to obtain a statement of waiver under this
section, the builder is liable to the first purchaser who
either occupies or rents the building for an amount not to
exceed $2,000 and for the cost of bringing the building into
compliance with the standards required under this section.

(2)  The builder also is liable for the
reasonable attorney's fees and court costs of the purchaser,
and for any reasonable costs incurred by the purchaser in
determining that the builder did not comply with the energy
conservation standards required under this section.

(3)  An action by a first purchaser against a
builder under this subsection may be brought within 3 years
of the date on which the builder provided the first
purchaser with a copy of the certificate or the waiver under
paragraph (e)(1) of this section.

[(2) (4) If the builder is a corporation AND
THE CORPORATION IS DISSOLVED, the purchaser may bring any
action authorized under this subsection against any person
who was an officer of the corporation at the time that the
alleged violation occurred.]

(h) (3) (i) In any political subdivision which has
adopted the BOCA Energy Code, if a builder of a building
which is completed after July 1, 1982 and prior to July 1,
1987 willfully deviates from the approved plans for the
building, the builder is liable to the first purchaser who
either occupies or rents the building for an amount not to
exceed $2,000 and for the cost of bringing the building into
compliance with the BOCA Energy Code. The builder is also
liable for the reasonable attorney's fees and court costs of
the purchaser, and for any reasonable costs incurred by the
purchaser in determining that the builder did not comply
with the BOCA Energy Code. An action by a first purchaser
against a builder under this subsection may be brought
within 3 years of the date on which a use and occupancy
permit is issued for the building by the political
subdivision in which the building is located.

(ii) [If the builder is a corporation
AND THE CORPORATION IS DISSOLVED, the purchaser may bring
any action authorized under this subsection against any
person who was an officer of the corporation at the time
that the alleged violation occurred.

(iii)] The provisions of [paragraph
(3)(i) of] this [subsection] PARAGRAPH are in addition
to any other remedies at law or equity established under
State or local law.