§ 32-27-3-4 — Reasonable access for inspection; action for construction defect; notice of rejection; notice to terminate offer or proposal

Indiana § 32-27-3-4

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

Text

(a) If the construction professional makes a
proposal to inspect the residence under section 2(b)(1) of this chapter
and the claimant elects to allow the construction professional to inspect
in accordance with the construction professional's proposal, the
claimant must provide the construction professional and the
construction professional's contractors or other agents reasonable
access to the claimant's residence during normal working hours to
inspect the premises and the claimed defect.
(b) Within fourteen (14) days after the completion of an inspection
pursuant to a proposal under section 2(b)(1) of this chapter, the
construction professional must serve on the claimant:
(1) a written offer to remedy the construction defect at no cost to
the claimant, including a report of the scope of the inspection, the
findings and results of the inspection, a description of the
additional construction necessary to remedy the defect described
in the claim, and a timetable for the completion of such
construction;
(2) a written offer to compromise and settle the claim by monetary
payment under section 2(b)(2) of this chapter; or
(3) a written statement that the construction professional will not
proceed further to remedy the defect.
(c) If the construction professional:
(1) makes a written offer to remedy the construction defect under
subsection (b)(1) but does not proceed further to remedy the
construction defect within the agreed timetable; or
(2) fails to serve a written offer or statement on the claimant
under subsection (b);
the claimant may bring an action against the construction professional
for the claim described in the notice of claim without further notice.
(d) If the construction professional makes an offer under subsection
(b)(1) or (b)(2) to remedy the construction defect or to compromise and
settle the claim by monetary payment and the claimant rejects the offer,
the claimant shall serve written notice of the claimant's rejection on the
construction professional. After service of the rejection notice, the
claimant may bring an action against the construction professional for
the construction defect claim described in the notice of claim.
(e) If the construction professional makes an offer under subsection
(b)(1) or (b)(2) and does not receive an acceptance or rejection of the
offer from the claimant within sixty (60) days after the claimant's
receipt of the construction professional's response, the construction
professional may terminate the offer by serving written notice on the
claimant.

Legislative History

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