Breach of warranty; actions against builder; damages; attorney's
fees
Sec. 10. (a) If a builder provides and breaches a warranty set forth
in section 8 of this chapter (or IC 34-4-20.5-8 or IC 32-15-7-8 before
their repeal), the home buyer may bring an action against the builder
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 8 of this chapter (or IC 34-4-20.5-8 or IC 32-15-7-8 before
their repeal), the award may be for not more than:
(1) the actual damages, which are either:
(A) the amount necessary to effect repair of the defect that
is the cause of the breach; or
(B) the amount of the difference between the value of the
new home without the defect and the value of the new 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.
As added by P.L.2-2002, SEC.12.
Last modified: May 24, 2006