Section 32-27-3-9 - Attorney's fees and costs to construction professional; deduction of sums paid under warranty; failure to comply(a) If a claimant: (1) unreasonably rejects a reasonable written offer of settlement made under this chapter; or(2) does not permit the construction professional a reasonable opportunity to inspect or to repair the defect under a reasonable offer of settlement; and thereafter commences an action governed by this chapter, the court may deny the claimant attorney's fees and costs and award attorney's fees and costs to the construction professional. However, a homeowner is not required to accept an offer to repair the defect when the defect is caused by the construction professional's noncompliance with applicable building codes.
(b) Any sums paid under a homeowners warranty, other than sums paid in satisfaction of claims that are collateral to any coverage issued to or by the construction professional, must be deducted from any recovery.(c) If a construction professional fails to comply with the requirements of this chapter, the claimant is not obligated to comply further with the provisions of this chapter.As added by P.L. 134-2003, SEC.1.