Indiana Code 32-27-1-14. Breach of warranty; award of damages
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Sec. 14. (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:
(2) specific performance.
(1) damages arising from the breach; or
Terms Used In Indiana Code 32-27-1-14
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- home: means an attached or detached single family dwelling. See Indiana Code 32-27-1-3
- owner: means a person who:
Indiana Code 32-27-1-8
- remodeler: means a person who contracts with an owner to alter, repair, or modify the owner's home. See Indiana Code 32-27-1-10
(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.