Section 32-27-1-14 - Breach of warranty; award of damages(a) If a remodeler breaches a warranty set forth in section 12 of this chapter, the owner may bring an action against the remodeler 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 12 of this chapter, the award may not be for more than: (1) the actual damages that are: (A) necessary to effect repair of the defect that is the cause of the breach; or(B) the difference between the value of the home without the defect and the 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.Pre-2002 Recodification Citation: 24-5-11.5-14.
As added by P.L. 2-2002, SEC.12.