§ 32-27-2-10 — Breach of warranty; actions against builder; damages; attorney's fees

Indiana § 32-27-2-10

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 27: CONSTRUCTION WARRANTIES ON REAL
• Ch. 2: New Home Construction Warranties

Text

(a) If a builder provides and breaches a
warranty set forth in section 8 or 8.5 of this chapter (or IC 34-4-20.5-8
or IC 32-15-7-8 before their repeal), the home buyer may bring an
action against the builder 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 8 or 8.5 of this chapter (or IC 34-4-20.5-8 or IC 32-15-7-8
before their repeal), the award may be for not more than:
(1) the actual damages, which are either:
(A) the amount necessary to effect repair of the defect that is
the cause of the breach; or
(B) the amount of the difference between the value of the new
home without the defect and the value of the new 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: 32-15-7-10.]

Legislative History

As added by P.L.2-2002, SEC.12. Amended by P.L.137-2023, SEC.12.