§ 32-27-3-1 — Definitions

Indiana § 32-27-3-1

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 27: CONSTRUCTION WARRANTIES ON REAL
• Ch. 3: Notice and Opportunity to Repair

Text

The following definitions apply throughout this
chapter:
(1) "Action" means any civil lawsuit or action in contract or tort
for damages or indemnity brought against a construction
professional to assert a claim, whether by complaint,
counterclaim, or cross claim, for damage or the loss of use of real
or personal property caused by a defect in the construction of a
residence or in the substantial remodeling of a residence. "Action"
does not include:
(A) a claim in bankruptcy; or
(B) any civil action in tort alleging personal injury to or
wrongful death of a person or persons resulting from a
construction defect.
(2) "Association" means an association of co-owners (as defined
in IC 32-25-2-2).
(3) "Claimant" means a home owner who or an association that
asserts a claim against a construction professional concerning a
defect in the construction of a residence or in the substantial
remodeling of a residence.
(4) "Construction professional" means an architect, a builder, a
builder vendor, a contractor, a subcontractor, or an engineer,
including but not limited to any person performing or furnishing
the design, supervision, construction, or observation of the
construction of any improvement to real property, whether
operating as a sole proprietor, a partnership, a corporation, or
another business entity that contracts with the home owner to
build the residence. A construction professional is not a home
owner under this chapter unless the construction professional
occupies the residence that is the basis for the claimed defect.
(5) "Defect" or "construction defect" means damage or deficiency
in the residential construction, design, specifications, surveying,
planning, supervision, testing, inspection, or observation of
construction.
(6) "Home owner" means:
(A) any person, company, firm, partnership, corporation,
association, or other business entity that:
(i) is owner of the residence; and
(ii) contracts with a construction professional for the
construction, sale, or construction and sale of a residence; or
(B) a subsequent purchaser of a residence from a home owner.
(7) "Residence" means a:
(A) single family house;
(B) duplex;
(C) triplex;
(D) quadraplex; or
(E) unit in a multiple unit residential structure in which title to
the individual unit is transferred to the owner under a
condominium or cooperative system.
For purposes of clause (E), the term includes common areas and
facilities (as defined in IC 32-25-2-4).
(8) "Serve" or "service" means personal service or delivery by
certified mail to the last known address of the addressee.
(9) "Substantial remodeling" means a remodeling of a residence,
the total cost of which exceeds fifty percent (50%) of the assessed
value under IC 6-1.1-1-3(a)(2) of the residence at the time that the
contract for the remodeling work was made.

Legislative History

As added by P.L.134-2003, SEC.1.