§ 32-27-1-14 — Breach of warranty; award of damages

(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 chapter, the award may not be for more than:
(1) the actual damages that are:
(A) necessary to effect repair of the defect that is the cause of
the breach; or
(B) the difference between the value of the home without the
defect and the home with the defect;
(2) the reasonably foreseeable consequential damages arising
from the defect covered by the warranty; and
(3) attorney's fees, if those fees are provided for in the written
contract between the parties.
[Pre-2002 Recodification Citation: 24-5-11.5-14.]

Legislative History

As added by P.L.2-2002, SEC.12.