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 […]
32-27-2-5. “Home Buyer” Defined
Sec. 5. (a) As used in this chapter, “home buyer” means a purchaser of a new home. (b) The term includes any owner of the new home before the expiration of the warranties defined by this chapter. [Pre-2002 Recodification Citation: 32-15-7-5.] As added by P.L.2-2002, SEC.12.
32-27-2-6. “Builder” Defined
Sec. 6. As used in this chapter, “builder” means a person who constructs new homes for sale, including the construction of new homes on land owned by home buyers. [Pre-2002 Recodification Citation: 32-15-7-6.] As added by P.L.2-2002, SEC.12.
32-27-2-7. “Warranty Date” Defined
Sec. 7. As used in this chapter, “warranty date” means the date of the first occupancy of the new home as a residence by one (1) of the following: (1) The builder. (2) An individual or individuals renting the home from the builder. (3) An individual or individuals living in the home at the request […]
32-27-2-8. Warranties of Builder; Survival of Warranties
Sec. 8. (a) In selling a completed new home, and in contracting to sell a new home to be completed, the builder may warrant to the initial home buyer the following: (1) During the two (2) year period beginning on the warranty date, the new home will be free from defects caused by faulty workmanship […]
32-27-2-9. Disclaimer of Implied Warranties
Sec. 9. (a) A builder may disclaim all implied warranties only if all of the following conditions are met: (1) The warranties defined in this chapter are expressly provided for in the written contract between a builder and an initial home buyer of a new home. (2) The performance of the warranty obligations is backed […]