Indiana § 32-27-3-12 Notice of right to offer to cure; action not barred

Indiana Statutes

§ 32-27-3-12 — Notice of right to offer to cure; action not barred

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

(a)Upon entering into a contract for sale, construction, or substantial remodeling of a residence, a construction professional must provide notice to each home owner of the construction professional's right to offer to cure construction defects before a home owner may commence litigation against the construction professional. The notice must be conspicuous and may be included as part of the underlying contract signed by the home owner.

(b)The notice required by this section must be in substantially the following form: "IC 32-27-3 CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT FOR DEFECTIVE CONSTRUCTION AGAINST THE CONTRACTOR OR BUILDER OF YOUR HOME. SIXTY (60) DAYS BEFORE YOU FILE YOUR LAWSUIT, YOU MUST DELIVER TO THE CONTRACTOR OR BUILDER A WRITTEN NOTICE

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(a) Upon entering into a contract for sale,
construction, or substantial remodeling of a residence, a construction
professional must provide notice to each home owner of the
construction professional's right to offer to cure construction defects
before a home owner may commence litigation against the construction
professional. The notice must be conspicuous and may be included as
part of the underlying contract signed by the home owner.
(b) The notice required by this section must be in substantially the
following form:
"IC 32-27-3 CONTAINS IMPORTANT REQUIREMENTS YOU
MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT FOR
DEFECTIVE CONSTRUCTION AGAINST THE
CONTRACTOR OR BUILDER OF YOUR HOME. SIXTY (60)
DAYS BEFORE YOU FILE YOUR LAWSUIT, YOU MUST
DELIVER TO THE CONTRACTOR OR BUILDER A
WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS
YOU ALLEGE ARE DEFECTIVE AND PROVIDE YOUR
CONTRACTOR OR BUILDER THE OPPORTUNITY TO
MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS.
YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER
MADE BY THE BUILDER OR CONTRACTOR. HOWEVER,
IF YOU UNREASONABLY REJECT A REASONABLE
WRITTEN OFFER AND COMMENCE AN ACTION AGAINST
THE BUILDER OR CONTRACTOR, A COURT MAY AWARD
ATTORNEY'S FEES AND COSTS TO THE BUILDER OR
CONTRACTOR. THERE ARE STRICT DEADLINES AND
PROCEDURES UNDER STATE LAW, AND FAILURE TO
FOLLOW THEM MAY AFFECT YOUR ABILITY TO FILE A
LAWSUIT.".
(c) This chapter does not preclude or bar any action if notice is not
given to the home owner as required by this section.

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