Notice of right to offer to cure; action not barred
Sec. 12. (a) Upon entering into a contract for sale, construction,
or substantial remodeling of a residence, a construction professional
must provide notice to each home owner of the construction
professional's right to offer to cure construction defects before a
home owner may commence litigation against the construction
professional. The notice must be conspicuous and may be included
as part of the underlying contract signed by the home owner.
(b) The notice required by this section must be in substantially the
following form:
"IC 32-27-3 CONTAINS IMPORTANT REQUIREMENTS
YOU MUST FOLLOW BEFORE YOU MAY FILE A
LAWSUIT FOR DEFECTIVE CONSTRUCTION AGAINST
THE CONTRACTOR OR BUILDER OF YOUR HOME.
SIXTY (60) DAYS BEFORE YOU FILE YOUR LAWSUIT,
YOU MUST DELIVER TO THE CONTRACTOR OR
BUILDER A WRITTEN NOTICE OF ANY CONSTRUCTION
CONDITIONS YOU ALLEGE ARE DEFECTIVE AND
PROVIDE YOUR CONTRACTOR OR BUILDER THE
OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR
PAY FOR THE DEFECTS. YOU ARE NOT OBLIGATED TO
ACCEPT ANY OFFER MADE BY THE BUILDER OR
CONTRACTOR. HOWEVER, IF YOU UNREASONABLY
REJECT A REASONABLE WRITTEN OFFER AND
COMMENCE AN ACTION AGAINST THE BUILDER OR
CONTRACTOR, A COURT MAY AWARD ATTORNEY'S
FEES AND COSTS TO THE BUILDER OR CONTRACTOR.
THERE ARE STRICT DEADLINES AND PROCEDURES
UNDER STATE LAW, AND FAILURE TO FOLLOW THEM
MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT.".
(c) This chapter does not preclude or bar any action if notice is
not given to the home owner as required by this section.
As added by P.L.134-2003, SEC.1.
Last modified: May 24, 2006