Notice of claim; response
Sec. 2. (a) At least sixty (60) days before filing a construction
defect action against a construction professional, the claimant must
serve written notice of claim on the construction professional. The
notice of claim must state that the claimant asserts a construction
defect claim against the construction professional and must describe
the claim in reasonable detail sufficient to determine the general
nature of the defect.
(b) Within twenty-one (21) days after service of a notice of claim
under subsection (a), the construction professional must serve a
written response on the claimant. The written response must do one
(1) of the following:
(1) Propose to inspect the residence that is the subject of the
claim and complete the inspection within a specified time
frame. A response made under this subdivision must include the
statement that the construction professional shall, based on the
inspection, offer to remedy the defect, compromise by payment,
or dispute the claim.
(2) Offer to compromise and settle the claim by monetary
payment without inspection. A construction professional's offer
under this subdivision may include, but is not limited to, an
express offer to purchase the claimant's residence that is the
subject of the claim and to pay the claimant's reasonable
relocation costs.
(3) State that the construction professional disputes the claim
and will neither remedy the construction defect nor compromise
and settle the claim.
(c) If the construction professional terminates a proposal or offer
under section 3(c) of this chapter, the claimant may bring an action
against the construction professional for the construction defect
claim described in the notice of claim.
(d) A home owner is not required to serve an additional written
notice for any additional defects discovered after the home owner has
served an initial written notice of a construction defect in accordance
with this section.
As added by P.L.134-2003, SEC.1.
Last modified: May 24, 2006