2024 Indiana Code
Title 32. Property
Article 27. Construction Warranties on Real Property
Chapter 1. Statutory Home Improvement Warranties
32-27-1-14. Breach of Warranty; Award of Damages

Sec. 14. (a) If a remodeler breaches a warranty set forth in section 12 of this chapter, the owner may bring an action against the remodeler for:

(1) damages arising from the breach; or

(2) specific performance.

(b) If damages are awarded for a breach of a warranty set forth in section 12 of this chapter, the award may not be for more than:

(1) the actual damages that are:

(A) necessary to effect repair of the defect that is the cause of the breach; or

(B) the difference between the value of the home without the defect and the home with the defect;

(2) the reasonably foreseeable consequential damages arising from the defect covered by the warranty; and

(3) attorney's fees, if those fees are provided for in the written contract between the parties.

[Pre-2002 Recodification Citation: 24-5-11.5-14.]

As added by P.L.2-2002, SEC.12.