§ 32-27-3-3 — Action for construction defect; notice of rejection; notice to terminate offer or proposal

(a) If the construction professional disputes the
claim or does not respond to the claimant's notice of claim within the
time set forth in section 2(b) of this chapter, the claimant may bring an
action against the construction professional for the claim described in
the notice of claim without further notice.
(b) If the construction professional makes:
(1) a proposal to inspect the residence under section 2(b)(1) of
this chapter; or
(2) an offer to compromise and settle the claim by monetary
payment without inspection under section 2(b)(2) of this chapter;
and the claimant rejects the proposal or offer, the claimant must serve
written notice of the rejection on the construction professional. After
service of the rejection, the claimant may bring an action against the
construction professional for the construction defect claim described
in the notice of claim.
(c) If the construction professional does not receive from the
claimant either an acceptance or rejection of the construction
professional's inspection proposal or settlement offer within sixty (60)
days after the claimant's receipt of the construction professional's
response, the construction professional may terminate the proposal or
offer by serving written notice on the claimant.
(d) If the construction professional terminates a proposal or offer
under subsection (c), the claimant may bring an action against the
construction professional for the construction defect claim described
in the notice of claim.

Legislative History

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