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 […]
32-27-1-4. “Home Improvement” Defined
Sec. 4. As used in this chapter, “home improvement” means any alteration, repair, or other modification of an existing home. [Pre-2002 Recodification Citation: 24-5-11.5-4.] As added by P.L.2-2002, SEC.12.
32-27-1-5. “Home Improvement Contract” Defined
Sec. 5. As used in this chapter, “home improvement contract” means a written agreement between a remodeler and an owner to make a home improvement. [Pre-2002 Recodification Citation: 24-5-11.5-5.] As added by P.L.2-2002, SEC.12.
32-27-1-6. “Load Bearing Parts of the Home” Defined
Sec. 6. As used in this chapter, “load bearing parts of the home” means the following: (1) Foundation systems and footings. (2) Beams. (3) Girders. (4) Lintels. (5) Columns. (6) Walls and partitions. (7) Floor systems. (8) Roof framing systems. [Pre-2002 Recodification Citation: 24-5-11.5-6.] As added by P.L.2-2002, SEC.12.
32-27-1-7. “Major Structural Defect” Defined
Sec. 7. As used in this chapter, “major structural defect” means actual physical damage to the load bearing functions of the load bearing parts of the home that: (1) were installed, altered, or repaired by the remodeler in the course of remodeling the home; or (2) although not installed, altered, or repaired by the remodeler, […]
32-27-1-8. “Owner” Defined
Sec. 8. As used in this chapter, “owner” means a person who: (1) owns the home; and (2) contracts with the remodeler to perform the home improvement work in the home improvement contract. The term includes any of the owner’s successors in title before the expiration of the warranties defined by this chapter. [Pre-2002 Recodification […]