Action for construction defect; notice of rejection; notice to
terminate offer or proposal
Sec. 3. (a) If the construction professional disputes the claim or
does not respond to the claimant's notice of claim within the time set
forth in section 2(b) of this chapter, the claimant may bring an action
against the construction professional for the claim described in the
notice of claim without further notice.
(b) If the construction professional makes:
(1) a proposal to inspect the residence under section 2(b)(1) of
this chapter; or
(2) an offer to compromise and settle the claim by monetary
payment without inspection under section 2(b)(2) of this
chapter;
and the claimant rejects the proposal or offer, the claimant must
serve written notice of the rejection on the construction professional.
After service of the rejection, the claimant may bring an action
against the construction professional for the construction defect
claim described in the notice of claim.
(c) If the construction professional does not receive from the
claimant either an acceptance or rejection of the construction
professional's inspection proposal or settlement offer within sixty
(60) days after the claimant's receipt of the construction
professional's response, the construction professional may terminate
the proposal or offer by serving written notice on the claimant.
(d) If the construction professional terminates a proposal or offer
under subsection (c), the claimant may bring an action against the
construction professional for the construction defect claim described
in the notice of claim.
As added by P.L.134-2003, SEC.1.
Last modified: May 24, 2006