Sec. 1. (a) This chapter applies only to a home improvement that is made under a home improvement contract. (b) This chapter applies only to a home improvement contract entered into after June 30, 1992. [Pre-2002 Recodification Citation: 24-5-11.5-1.] As added by P.L.2-2002, SEC.12.
Sec. 10. As used in this chapter, “remodeler” means a person who contracts with an owner to alter, repair, or modify the owner’s home. [Pre-2002 Recodification Citation: 24-5-11.5-10.] As added by P.L.2-2002, SEC.12.
Sec. 11. As used in this chapter, “warranty date” means the date by which all home improvements and work under the home improvement contract have been substantially completed so the owner can occupy and use the improvement in the manner contemplated by the home improvement contract. [Pre-2002 Recodification Citation: 24-5-11.5-11.] As added by P.L.2-2002, SEC.12.
Sec. 12. (a) In performing home improvements and in contracting to perform home improvements, a remodeler may warrant to the owner the following: (1) During the two (2) year period beginning on the warranty date, the home improvement must be free from defects in workmanship or materials. (2) During the two (2) year period beginning […]
Sec. 13. (a) A remodeler 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 home improvement contract between a remodeler and an owner. (2) The performance of the warranty obligations is guaranteed by an insurance policy in […]
Sec. 14. (a) If a remodeler breaches a warranty set forth in section 12 of this chapter, the owner may bring an action against the remodeler for: (1) damages arising from the breach; or (2) specific performance. (b) If damages are awarded for a breach of a warranty set forth in section 12 of this […]
Sec. 15. (a) The warranties defined in this chapter are in addition to any other rights created by contract between the parties. (b) The remedies provided in section 14 of this chapter do not limit any remedies available in an action that is not predicated on the breach of an express or implied warranty defined […]
Sec. 2. The warranties defined by this chapter become effective on the warranty date. [Pre-2002 Recodification Citation: 24-5-11.5-2.] As added by P.L.2-2002, SEC.12.
Sec. 3. (a) As used in this chapter, “home” means an attached or detached single family dwelling. (b) The term includes an attached garage. (c) The term does not include: (1) a driveway; (2) a walkway; (3) a patio; (4) a boundary wall; (5) a retaining wall not necessary for the structural stability of the […]
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.
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.
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.
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, […]
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 […]
Sec. 9. As used in this chapter, “person” means an individual, a corporation, a limited liability company, a business trust, an estate, a trust, a partnership, an association, a cooperative, or other legal entity. [Pre-2002 Recodification Citation: 24-5-11.5-9.] As added by P.L.2-2002, SEC.12.
