Section 32-27-2-10 - Breach of warranty; actions against builder; damages; attorney's fees(a) If a builder provides and breaches a warranty set forth in section 8 or 8.5 of this chapter (or IC 34-4-20.5-8 or IC 32-15-7-8 before their repeal), the home buyer may bring an action against the builder 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 8 or 8.5 of this chapter (or IC 34-4-20.5-8 or IC 32-15-7-8 before their repeal), the award may be for not more than:(1) the actual damages, which are either:(A) the amount necessary to effect repair of the defect that is the cause of the breach; or(B) the amount of the difference between the value of the new home without the defect and the value of the new 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: 32-15-7-10.
Amended by P.L. 137-2023,SEC. 12, eff. 7/1/2023.As added by P.L. 2-2002, SEC.12.