32-27-3-10. Attorney’s Fees and Costs to Claimant
Sec. 10. If a construction professional unreasonably: (1) disputes a home owner’s claim; (2) fails to remedy or compromise and settle the claim; (3) fails to repair the construction defect within a reasonable time, subject to the nature of the repair or some unforeseen event not caused by the construction professional; or (4) fails to […]
32-27-3-11. Filing; List of Defects
Sec. 11. (a) In every action brought against a construction professional, the claimant must file with the court and serve on the defendant a list of known construction defects in accordance with this section. (b) The list of known construction defects must contain a description of the construction that the claimant alleges to be defective. […]
32-27-3-12. Notice of Right to Offer to Cure; Action Not Barred
Sec. 12. (a) Upon entering into a contract for sale, construction, or substantial remodeling of a residence, a construction professional must provide notice to each home owner of the construction professional’s right to offer to cure construction defects before a home owner may commence litigation against the construction professional. The notice must be conspicuous and […]
32-27-3-13. Contractual Relationship Not Affected
Sec. 13. Nothing in this chapter shall be construed to hinder or otherwise affect the employment, agency, or contractual relationship between and among home owners and construction professionals during the process of construction or remodeling and does not preclude the termination of those relationships as allowed under current law. Nothing in this chapter shall negate […]
32-27-3-14. Tolling of Statute of Limitations
Sec. 14. If a written notice of claim is served under section 2 of this chapter within the time prescribed for the filing of an action against a construction professional based on an alleged construction defect, the applicable statute of limitations for construction related claims is tolled with respect to the alleged construction defect described […]
32-27-2-2. “Initial Home Buyer” Defined
Sec. 2. As used in this chapter, “initial home buyer” means a person who executes a contract with a builder to buy a new home and who: (1) occupies the new home as its first occupant; and (2) occupies the new home as a residence. [Pre-2002 Recodification Citation: 32-15-7-2.] As added by P.L.2-2002, SEC.12.
32-27-3-7. Commence Action for Construction Defect
Sec. 7. Nothing in this section may be construed to prevent a claimant from commencing an action on the construction defect claim described in the notice of claim if the construction professional fails to perform the construction agreed upon, fails to remedy the defect, or fails to perform according to the timetable agreed upon under […]
32-27-2-3. “Major Structural Defect” Defined
Sec. 3. As used in this chapter, “major structural defect” means actual damage to the load bearing part of a new home, including actual damage due to: (1) subsidence; (2) expansion; or (3) lateral movement; of the soil affecting the load bearing function, unless the subsidence, expansion, or lateral movement of the soil is caused […]
32-27-3-8. Amend Notice of Claim; Date of Original Notice of Claim Applies
Sec. 8. (a) Before commencing any action alleging a construction defect, or after the dismissal of any action without prejudice under section 6 of this chapter, the claimant may amend the notice of claim to include construction defects discovered after the service of the original notice of claim. (b) The service of an amended notice […]
32-27-2-4. “New Home” Defined
Sec. 4. (a) As used in this chapter, “new home” means a new dwelling occupied for the first time after construction. (b) The term does not include: (1) a detached garage; (2) a driveway; (3) a walkway; (4) a patio; (5) a boundary wall; (6) a retaining wall not necessary for the structural stability of […]