§ 32-27-3-2 — Notice of claim; response

Indiana § 32-27-3-2

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

Text

(a) At least sixty (60) days before filing a
construction defect action against a construction professional, the
claimant must serve written notice of claim on the construction
professional. The notice of claim must state that the claimant asserts a
construction defect claim against the construction professional and
must describe the claim in reasonable detail sufficient to determine the
general nature of the defect.
(b) Within twenty-one (21) days after service of a notice of claim
under subsection (a), the construction professional must serve a written
response on the claimant. The written response must do one (1) of the
following:
(1) Propose to inspect the residence that is the subject of the claim
and complete the inspection within a specified time frame. A
response made under this subdivision must include the statement
that the construction professional shall, based on the inspection,
offer to remedy the defect, compromise by payment, or dispute
the claim.
(2) Offer to compromise and settle the claim by monetary
payment without inspection. A construction professional's offer
under this subdivision may include, but is not limited to, an
express offer to purchase the claimant's residence that is the
subject of the claim and to pay the claimant's reasonable
relocation costs.
(3) State that the construction professional disputes the claim and
will neither remedy the construction defect nor compromise and
settle the claim.
(c) If the construction professional terminates a proposal or offer
under section 3(c) of this chapter, the claimant may bring an action
against the construction professional for the construction defect claim
described in the notice of claim.
(d) A home owner is not required to serve an additional written
notice for any additional defects discovered after the home owner has
served an initial written notice of a construction defect in accordance
with this section.

Legislative History

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