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 […]
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 […]
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 […]
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.