32-27-3-1. Definitions
Sec. 1. The following definitions apply throughout this chapter: (1) “Action” means any civil lawsuit or action in contract or tort for damages or indemnity brought against a construction professional to assert a claim, whether by complaint, counterclaim, or cross claim, for damage or the loss of use of real or personal property caused by […]
32-27-3-2. Notice of Claim; Response
Sec. 2. (a) At least sixty (60) days before filing a construction defect action against a construction professional, the claimant must serve written notice of claim on the construction professional. The notice of claim must state that the claimant asserts a construction defect claim against the construction professional and must describe the claim in reasonable […]
32-27-3-3. Action for Construction Defect; Notice of Rejection; Notice to Terminate Offer or Proposal
Sec. 3. (a) If the construction professional disputes the claim or does not respond to the claimant’s notice of claim within the time set forth in section 2(b) of this chapter, the claimant may bring an action against the construction professional for the claim described in the notice of claim without further notice. (b) If […]
32-27-3-4. Reasonable Access for Inspection; Action for Construction Defect; Notice of Rejection; Notice to Terminate Offer or Proposal
Sec. 4. (a) If the construction professional makes a proposal to inspect the residence under section 2(b)(1) of this chapter and the claimant elects to allow the construction professional to inspect in accordance with the construction professional’s proposal, the claimant must provide the construction professional and the construction professional’s contractors or other agents reasonable access […]
32-27-3-5. Notice of Acceptance; Reasonable Access to Complete Construction; Agreement to Alter Offer
Sec. 5. (a) To accept the offer of a construction professional to remedy the construction defect under section (4)(b)(1) of this chapter, the claimant must serve on the construction professional a written notice of acceptance within a reasonable time period after receipt of the offer, and not later than sixty (60) days after receipt of […]
32-27-2-1. Effective Date of Warranties
Sec. 1. The warranties defined by this chapter (or IC 34-4-20.5 or IC 32-15-7 before their repeal) become effective on the warranty date attributed to a new home. [Pre-2002 Recodification Citation: 32-15-7-1.] As added by P.L.2-2002, SEC.12.
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.
32-27-2-2. “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 […]