32-27-3-6. Dismissal
Sec. 6. Any action commenced by a claimant before compliance with the requirements of this chapter is subject to dismissal without prejudice, and may not be recommenced until the claimant complies with the requirements of this section. As added by P.L.134-2003, SEC.1.
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 […]
32-27-3-8. 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 […]
32-27-3-9. Attorney’s Fees and Costs to Construction Professional; Deduction of Sums Paid Under Warranty; Failure to Comply
Sec. 9. (a) If a claimant: (1) unreasonably rejects a reasonable written offer of settlement made under this chapter; or (2) does not permit the construction professional a reasonable opportunity to inspect or to repair the defect under a reasonable offer of settlement; and thereafter commences an action governed by this chapter, the court may […]