Sec.10-287c-22. Replacement for a roof less than 25 years old (Reference: Section 10-286(a)(6))

(a) In the case of a grant application for total or partial replacement of a roof which has existed for fewer than twenty years, eligibility shall be conditioned upon the factors enumerated in Section 10-286(a)(6). For the purposes of determining whether a town is prohibited from recovery of damages or has no other recourse at law or in equity, the following shall constitute satisfactory evidence of this requirement: (1) When suit or arbitration has been brought by a district for recovery of damages due to a faulty roof, and final judgment has been rendered against said district, whether or not on the merits; (2) Where the district or board attorney certifies to the Department that all applicable statutes of limitations have expired, and, in the best judgment of said counsel, it would be fruitless to institute litigation and/or arbitration.

(b) If suit has been brought against the architect, engineer, contractor or any other party on account of improper design and/or construction, a final judgment of a court of competent jurisdiction on said issue shall be binding on the department as to improper design or construction.

(Effective August 25, 1989; Amended October 26, 2012)