Indiana § 32-27-3-9 Attorney's fees and costs to construction professional; deduction of
sums paid under warranty; failure to comply

Indiana Statutes

§ 32-27-3-9 — Attorney's fees and costs to construction professional; deduction of sums paid under warranty; failure to comply

Indiana § 32-27-3-9

Title 32PROPERTY

Art. 27CONSTRUCTION WARRANTIES ON REAL

Ch. 3Notice and Opportunity to Repair

This text of Indiana § 32-27-3-9 (Attorney's fees and costs to construction professional; deduction of sums paid under warranty; failure to comply) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 32-27-3-9 (2026).

Text

(a)If a claimant:

(1)unreasonably rejects a reasonable written offer of settlement made under this chapter; or

(2)does not permit the construction professional a reasonable opportunity to inspect or to repair the defect under a reasonable offer of settlement; and thereafter commences an action governed by this chapter, the court may deny the claimant attorney's fees and costs and award attorney's fees and costs to the construction professional. However, a homeowner is not required to accept an offer to repair the defect when the defect is caused by the construction professional's noncompliance with applicable building codes.

(b)Any sums paid under a homeowners warranty, other than sums paid in satisfaction of claims that are collateral to any coverage issued to or by the construction p

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(a) If a claimant:
(1) unreasonably rejects a reasonable written offer of settlement
made under this chapter; or
(2) does not permit the construction professional a reasonable
opportunity to inspect or to repair the defect under a reasonable
offer of settlement;
and thereafter commences an action governed by this chapter, the court
may deny the claimant attorney's fees and costs and award attorney's
fees and costs to the construction professional. However, a homeowner
is not required to accept an offer to repair the defect when the defect is
caused by the construction professional's noncompliance with
applicable building codes.
(b) Any sums paid under a homeowners warranty, other than sums
paid in satisfaction of claims that are collateral to any coverage issued
to or by the construction professional, must be deducted from any
recovery.
(c) If a construction professional fails to comply with the
requirements of this chapter, the claimant is not obligated to comply
further with the provisions of this chapter.