Sec. 10. If a construction professional unreasonably:
(1) disputes a home owner's claim;
(2) fails to remedy or compromise and settle the claim;
(3) fails to repair the construction defect within a reasonable time, subject to the nature of the repair or some unforeseen event not caused by the construction professional; or
(4) fails to respond to a notice;
and the claimant commences an action governed by this chapter and prevails in the action, the court may award attorney's fees and costs to the claimant.
As added by P.L.134-2003, SEC.1.
Structure Indiana Code
Article 27. Construction Warranties on Real Property
Chapter 3. Notice and Opportunity to Repair
32-27-3-2. Notice of Claim; Response
32-27-3-7. Commence Action for Construction Defect
32-27-3-8. Amend Notice of Claim; Date of Original Notice of Claim Applies
32-27-3-10. Attorney's Fees and Costs to Claimant
32-27-3-11. Filing; List of Defects
32-27-3-12. Notice of Right to Offer to Cure; Action Not Barred