(1) No negligence claim seeking damages for a construction defect may be asserted in an action if such claim arises from the failure to construct an improvement to real property in substantial compliance with an applicable building code or industry standard; except that such claim may be asserted if such failure results in one or more of the following:
Actual damage to real or personal property;
Actual loss of the use of real or personal property;
Bodily injury or wrongful death; or
A risk of bodily injury or death to, or a threat to the life, health, or safety of, theoccupants of the residential real property.
(2) Nothing in this section shall be construed to prohibit, limit, or impair the following:
The assertion of tort claims other than claims for negligence;
The assertion of contract or warranty claims; or
The assertion of claims that arise from the violation of any statute or ordinance otherthan claims for violation of a building code.
Source: L. 2001: Entire part added, p. 389, § 1, effective August 8. L. 2003: IP(1), (1)(a), and (1)(b) amended, p. 1362, § 4, effective April 25.