reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 7. Recording Fencemarks; Removal of Marked Fencing From Overflowed Lands › 32-26-7-2. Fees for Recording Marks

Sec. 2. The county recorder shall charge a fee in accordance with IC 36-2-7-10 for the recording of each mark from the person adopting and having the mark recorded. The recorder may not record two (2) marks that exactly correspond.
[Pre-2002 Recodification Citation: 32-10-7-2.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 7. Recording Fencemarks; Removal of Marked Fencing From Overflowed Lands › 32-26-7-3. Floods Removing Rails or Plank Fencing; Recovery From Land of Another

Sec. 3. Any person who has the person's rails or plank fencing marked and recorded as provided under this chapter may, if the rails or plank fencing are removed by high water and overflow off the person's property on to the property of another person, remove the rails and plank fencing on to the person's own property at any time of the year. The owner of the rails or plank fencing is responsible for and shall pay all damages that may be done to growing grain on the property from which the rails or plank fencing are removed or over which the rails or plank fencing are hauled.
[Pre-2002 Recodification Citation: 32-10-7-3.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 8. Recovery of Property Moved by High Water › 32-26-8-1. Rights of Property Owners; Arbitration

Sec. 1. (a) When the fence rails or other property of a person in Indiana are removed by high water and lodged upon the real property of another person, the owner of the fence rails or other property may proceed, within sixty (60) days after the fence rails or other property are lodged, upon the real property on which the fence rails or other property are lodged.
(b) If the owner of the real property refuses to deliver up the fence rails or other property, the parties shall each select an arbitrator, who shall examine or hear evidence upon all the circumstances and facts and determine the case.
(c) If the arbitrators selected under subsection (b) cannot agree, the arbitrators shall select an umpire. The decision of a majority of the arbitrators and the umpire is final.
[Pre-2002 Recodification Citation: 32-10-8-1.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 8. Recovery of Property Moved by High Water › 32-26-8-2. Oath of Arbitrators

Sec. 2. Before the arbitrators proceed under section 1 of this chapter, the arbitrators must swear, before a person who may administer oaths, to discharge the arbitrators' duties faithfully, impartially, and according to law.
[Pre-2002 Recodification Citation: 32-10-8-2.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 8. Recovery of Property Moved by High Water › 32-26-8-3. Notice of Arbitration

Sec. 3. If at least ten (10) persons claim the same property under section 1 of this chapter, the persons shall give notice to all interested persons of the time and place of the arbitration. Upon hearing all the facts and circumstances in the case, the arbitrators shall award to each person making a claim a proportion of the property as the arbitrators consider reasonable and just.
[Pre-2002 Recodification Citation: 32-10-8-3.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 8. Recovery of Property Moved by High Water › 32-26-8-4. Persons Recovering Property Not Trespassers

Sec. 4. It is not a trespass for a person to go upon the real property of another person for the purposes set forth in this chapter. A person who goes upon the real property of another person under this chapter shall go upon the route that will do the least possible injury to the real property, if it is practicable and convenient.
[Pre-2002 Recodification Citation: 32-10-8-4.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 9. Partition Fences › 32-26-9-0.5. "Agricultural Land"; Nonapplicability of Chapter

Sec. 0.5. (a) As used in this section, "agricultural land" means land that is:
(1) zoned or otherwise designated as agricultural land;
(2) used for growing crops or raising livestock; or
(3) reserved for conservation.
(b) This chapter does not apply to a fence that separates two (2) adjoining parcels of property unless at least one (1) of the adjoining parcels is agricultural land.
As added by P.L.57-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 9. Partition Fences › 32-26-9-1. Existing Fences

Sec. 1. A fence that is used by adjoining property owners as a partition fence, unless otherwise agreed upon by the property owners, is considered a partition fence and shall be repaired, maintained, and paid for as provided under this chapter.
[Pre-2002 Recodification Citation: 32-10-9-1.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 9. Partition Fences › 32-26-9-2. Lands Outside or Abutting Municipal Boundary

Sec. 2. (a) The owner of a property that:
(1) is located outside;
(2) abuts; or
(3) is adjacent to;
the boundary of the corporate limits of a town or city shall separate the owner's property from adjoining properties by a partition fence constructed upon the line dividing or separating the properties regardless of when the properties were divided.
(b) Except as otherwise provided in this chapter, and if a division of the partition fence has not been made between the property owners for the building, repairing, or rebuilding of the partition fence:
(1) for a partition fence built along a property line than runs from north to south:
(A) the owner whose property lies to the east of the fence shall build the north half of the fence; and
(B) the owner whose land lies to the west of the fence shall build the south half of the fence; and
(2) for a partition fence built along a property line that runs from east to west:
(A) the owner whose property lies north of the fence shall build the west half of the fence; and
(B) the owner whose property lies to the south of the fence shall build the east half of the fence.
(c) Notwithstanding subsection (b), if either property owner has constructed one-half (1/2) of a partition fence that is not the portion required under subsection (b) and has maintained that portion of the partition fence for a period of not less than five (5) years, the property owner may continue to maintain the portion of the fence.
(d) If a property owner fails to build, rebuild, or repair a partition fence after receiving notice under this chapter, the township trustee of the township in which the property is located shall build, rebuild, or repair the fence as provided under this chapter.
[Pre-2002 Recodification Citation: 32-10-9-2.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 9. Partition Fences › 32-26-9-4. Expenses; Construction and Maintenance by Township

Sec. 4. (a) As soon as the township trustee has had a fence built, rebuilt, or repaired under this chapter, the trustee shall make out a certified statement in triplicate of the actual cost incurred by the trustee in the building, rebuilding, or repairing the fence. One (1) copy must be handed to or mailed to the property owner affected by the work, one (1) copy must be retained by the trustee as a record for the township, and one (1) copy must be filed in the auditor's office of the county in which the fence is located and in which the property of the property owner affected by the work is located. At the same time the trustee shall also file with the county auditor a claim against the county for the amount shown in the statement filed with the county auditor.
(b) The county auditor shall:
(1) examine the claims and statement as other claims are examined; and
(2) present the claims and statements to the board of county commissioners at the next regular meeting.
Unless there is an apparent error in the statement or claim, the board of county commissioners shall make allowance, and the county auditor shall issue a warrant for the amount claimed to the township trustee submitting the claim out of the county general fund without an appropriation being made by the county council.
(c) The amount paid out of the county general fund under subsection (b) shall be:
(1) placed by the county auditor on the tax duplicate against the property of the property owner affected by the work;
(2) collected as taxes are collected; and
(3) when collected, paid into the county general fund.
[Pre-2002 Recodification Citation: 32-10-9-4.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 9. Partition Fences › 32-26-9-5. Construction and Maintenance by Township; Personal Liability of Trustees

Sec. 5. The township trustee has no personal liability for a contract the trustee makes under this chapter for building, rebuilding, or repairing fences under this chapter. The contractor shall receive payment from the township funds, which shall be reimbursed when the contract price is paid into the county treasury.
[Pre-2002 Recodification Citation: 32-10-9-5.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 9. Partition Fences › 32-26-9-6. Construction and Application of Law

Sec. 6. This chapter shall be liberally construed in favor of the objects and purposes for which it is enacted and shall apply to all agricultural land, whether enclosed or unenclosed, cultivated or uncultivated, wild or wood lot.
[Pre-2002 Recodification Citation: 32-10-9-6.]
As added by P.L.2-2002, SEC.11. Amended by P.L.57-2003, SEC.2.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 10. Spite Fences as Nuisance › 32-26-10-1. Description of Spite Fence

Sec. 1. A structure in the nature of a fence unnecessarily exceeding six (6) feet in height, maliciously:
(1) erected; or
(2) maintained;
for the purpose of annoying the owners or occupants of adjoining property, is considered a nuisance.
[Pre-2002 Recodification Citation: 32-10-10-1.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 26. Fences › Chapter 10. Spite Fences as Nuisance › 32-26-10-2. Damages

Sec. 2. (a) An owner or occupant injured either in the owner's or occupant's comfort or the enjoyment of the owner's or occupant's adjoining property by the nuisance described in section 1 of this chapter may bring an action for:
(1) damages in compensation for the nuisance;
(2) the abatement of the nuisance; and
(3) all other remedies for the prevention of a nuisances.
(b) The provisions of law concerning actions for nuisance are applicable to an action under subsection (a).
[Pre-2002 Recodification Citation: 32-10-10-2.]
As added by P.L.2-2002, SEC.11.
2023 Indiana Code › Title 32. Property › Article 27. Construction Warranties on Real Property › Chapter 1. Statutory Home Improvement Warranties › 32-27-1-1. Application of Chapter

Sec. 1. (a) This chapter applies only to a home improvement that is made under a home improvement contract.
(b) This chapter applies only to a home improvement contract entered into after June 30, 1992.
[Pre-2002 Recodification Citation: 24-5-11.5-1.]
As added by P.L.2-2002, SEC.12.
2023 Indiana Code › Title 32. Property › Article 27. Construction Warranties on Real Property › Chapter 1. Statutory Home Improvement Warranties › 32-27-1-2. Warranty Effective Date

Sec. 2. The warranties defined by this chapter become effective on the warranty date.
[Pre-2002 Recodification Citation: 24-5-11.5-2.]
As added by P.L.2-2002, SEC.12.
2023 Indiana Code › Title 32. Property › Article 27. Construction Warranties on Real Property › Chapter 1. Statutory Home Improvement Warranties › 32-27-1-3. "Home" Defined

Sec. 3. (a) As used in this chapter, "home" means an attached or detached single family dwelling.
(b) The term includes an attached garage.
(c) The term does not include:
(1) a driveway;
(2) a walkway;
(3) a patio;
(4) a boundary wall;
(5) a retaining wall not necessary for the structural stability of the home;
(6) landscaping;
(7) a fence;
(8) an offsite improvement;
(9) an appurtenant recreational facility; or
(10) other similar item.
[Pre-2002 Recodification Citation: 24-5-11.5-3.]
As added by P.L.2-2002, SEC.12.
2023 Indiana Code › Title 32. Property › Article 27. Construction Warranties on Real Property › Chapter 1. Statutory Home Improvement Warranties › 32-27-1-4. "Home Improvement" Defined

Sec. 4. As used in this chapter, "home improvement" means any alteration, repair, or other modification of an existing home.
[Pre-2002 Recodification Citation: 24-5-11.5-4.]
As added by P.L.2-2002, SEC.12.
2023 Indiana Code › Title 32. Property › Article 27. Construction Warranties on Real Property › Chapter 1. Statutory Home Improvement Warranties › 32-27-1-5. "Home Improvement Contract" Defined

Sec. 5. As used in this chapter, "home improvement contract" means a written agreement between a remodeler and an owner to make a home improvement.
[Pre-2002 Recodification Citation: 24-5-11.5-5.]
As added by P.L.2-2002, SEC.12.
2023 Indiana Code › Title 32. Property › Article 27. Construction Warranties on Real Property › Chapter 1. Statutory Home Improvement Warranties › 32-27-1-6. "Load Bearing Parts of the Home" Defined

Sec. 6. As used in this chapter, "load bearing parts of the home" means the following:
(1) Foundation systems and footings.
(2) Beams.
(3) Girders.
(4) Lintels.
(5) Columns.
(6) Walls and partitions.
(7) Floor systems.
(8) Roof framing systems.
[Pre-2002 Recodification Citation: 24-5-11.5-6.]
As added by P.L.2-2002, SEC.12.
2023 Indiana Code › Title 32. Property › Article 27. Construction Warranties on Real Property › Chapter 1. Statutory Home Improvement Warranties › 32-27-1-7. "Major Structural Defect" Defined

Sec. 7. As used in this chapter, "major structural defect" means actual physical damage to the load bearing functions of the load bearing parts of the home that:
(1) were installed, altered, or repaired by the remodeler in the course of remodeling the home; or
(2) although not installed, altered, or repaired by the remodeler, were directly damaged by the work of the remodeler;
to the extent that the home becomes unsafe, unsanitary, or otherwise unlivable.
[Pre-2002 Recodification Citation: 24-5-11.5-7.]
As added by P.L.2-2002, SEC.12.
2023 Indiana Code › Title 32. Property › Article 27. Construction Warranties on Real Property › Chapter 1. Statutory Home Improvement Warranties › 32-27-1-8. "Owner" Defined

Sec. 8. As used in this chapter, "owner" means a person who:
(1) owns the home; and
(2) contracts with the remodeler to perform the home improvement work in the home improvement contract.
The term includes any of the owner's successors in title before the expiration of the warranties defined by this chapter.
[Pre-2002 Recodification Citation: 24-5-11.5-8.]
As added by P.L.2-2002, SEC.12.
2023 Indiana Code › Title 32. Property › Article 27. Construction Warranties on Real Property › Chapter 1. Statutory Home Improvement Warranties › 32-27-1-9. "Person" Defined

Sec. 9. As used in this chapter, "person" means an individual, a corporation, a limited liability company, a business trust, an estate, a trust, a partnership, an association, a cooperative, or other legal entity.
[Pre-2002 Recodification Citation: 24-5-11.5-9.]
As added by P.L.2-2002, SEC.12.
2023 Indiana Code › Title 32. Property › Article 27. Construction Warranties on Real Property › Chapter 1. Statutory Home Improvement Warranties › 32-27-1-10. "Remodeler" Defined

Sec. 10. As used in this chapter, "remodeler" means a person who contracts with an owner to alter, repair, or modify the owner's home.
[Pre-2002 Recodification Citation: 24-5-11.5-10.]
As added by P.L.2-2002, SEC.12.
2023 Indiana Code › Title 32. Property › Article 27. Construction Warranties on Real Property › Chapter 1. Statutory Home Improvement Warranties › 32-27-1-11. "Warranty Date" Defined

Sec. 11. As used in this chapter, "warranty date" means the date by which all home improvements and work under the home improvement contract have been substantially completed so the owner can occupy and use the improvement in the manner contemplated by the home improvement contract.
[Pre-2002 Recodification Citation: 24-5-11.5-11.]
As added by P.L.2-2002, SEC.12.
2023 Indiana Code › Title 32. Property › Article 27. Construction Warranties on Real Property › Chapter 1. Statutory Home Improvement Warranties › 32-27-1-12. Warranty Coverage; Warranties Survive Legal or Equitable Title

Sec. 12. (a) In performing home improvements and in contracting to perform home improvements, a remodeler may warrant to the owner the following:
(1) During the two (2) year period beginning on the warranty date, the home improvement must be free from defects in workmanship or materials.
(2) During the two (2) year period beginning on the warranty date, the home improvement must be free from defects caused by faulty installation of:
(A) new plumbing systems;
(B) new electrical systems;
(C) new heating, cooling, and ventilating systems; or
(D) extended parts of existing systems.
The warranty does not cover appliances, fixtures, or items of equipment that are installed under the home improvement contract.
(3) During the four (4) year period beginning on the warranty date, the home improvement must be free from defects caused by faulty workmanship or defective materials in the roof or roof systems of the home improvement.
(4) During the ten (10) year period beginning on the warranty date, the home improvement and affected load bearing parts of the home must be free from major structural defects.
(b) The warranties provided in this section survive the passing of legal or equitable title in the home to subsequent persons.
[Pre-2002 Recodification Citation: 24-5-11.5-12.]
As added by P.L.2-2002, SEC.12.
2023 Indiana Code › Title 32. Property › Article 27. Construction Warranties on Real Property › Chapter 1. Statutory Home Improvement Warranties › 32-27-1-13. Warranty Disclaimers; Conditions; Acknowledgment; Default

Sec. 13. (a) A remodeler may disclaim all implied warranties only if all of the following conditions are met:
(1) The warranties defined in this chapter are expressly provided for in the home improvement contract between a remodeler and an owner.
(2) The performance of the warranty obligations is guaranteed by an insurance policy in an amount equal to the contract price made under the home improvement contract.
(3) The remodeler carries completed operations products liability insurance covering the remodeler's liability for reasonably foreseeable consequential damages arising from a defect covered by the warranties provided by the remodeler.
(b) The disclaimer must be printed in a minimum size of 10 point boldface type setting forth that the warranties defined by this chapter replace the implied warranties that have been disclaimed by the remodeler. The owner must affirmatively acknowledge by complete signature that the owner has read, understands, and voluntarily agrees to the disclaimer.
(c) The owner must acknowledge the disclaimer of implied warranties by signing, at the time of execution of the home improvement contract, a separate one (1) page notice attached to the home improvement contract that includes the following language:
"NOTICE OF WAIVER OF IMPLIED WARRANTIES
I recognize that by accepting the express warranties and the insurance covering those warranties for the periods provided in this home improvement contract, I am giving up the right to any claims for implied warranties, which may be greater than the express warranties. Implied warranties are unwritten warranties relating to the reasonable expectations of a homeowner with regard to the remodeling and home improvement of the homeowner's home, as those reasonable expectations are defined by the courts on a case by case basis.".
(d) If there is a default of the:
(1) insurance for the performance of the warranty obligations; or
(2) completed operations products liability insurance;
the disclaimer by the remodeler is void.
[Pre-2002 Recodification Citation: 24-5-11.5-13.]
As added by P.L.2-2002, SEC.12.
2023 Indiana Code › Title 32. Property › Article 27. Construction Warranties on Real Property › Chapter 1. Statutory Home Improvement Warranties › 32-27-1-14. Breach of Warranty; Award of Damages

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:
(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.
2023 Indiana Code › Title 32. Property › Article 27. Construction Warranties on Real Property › Chapter 1. Statutory Home Improvement Warranties › 32-27-1-15. Warranties in Addition to Contract Rights; Remedies

Sec. 15. (a) The warranties defined in this chapter are in addition to any other rights created by contract between the parties.
(b) The remedies provided in section 14 of this chapter do not limit any remedies available in an action that is not predicated on the breach of an express or implied warranty defined by this chapter.
[Pre-2002 Recodification Citation: 24-5-11.5-15.]
As added by P.L.2-2002, SEC.12.
2023 Indiana Code › Title 32. Property › Article 27. Construction Warranties on Real Property › Chapter 2. New Home Construction Warranties › 32-27-2-1. Effective Date of Warranties

Sec. 1. The warranties defined by this chapter (or IC 34-4-20.5 or IC 32-15-7 before their repeal) become effective on the warranty date attributed to a new home or model home.
[Pre-2002 Recodification Citation: 32-15-7-1.]
As added by P.L.2-2002, SEC.12. Amended by P.L.137-2023, SEC.2.
2023 Indiana Code › Title 32. Property › Article 27. Construction Warranties on Real Property › Chapter 2. New Home Construction Warranties › 32-27-2-2. "Initial Home Buyer" Defined

Sec. 2. As used in this chapter, "initial home buyer" means a person who:
(1) executes a contract with a builder to buy a new home; and
(2) either:
(A) occupies the new home as:
(i) the home's first occupant; and
(ii) a residence; or
(B) rents the new home to an individual who occupies the new home as:
(i) the home's first occupant; and
(ii) a residence.
[Pre-2002 Recodification Citation: 32-15-7-2.]
As added by P.L.2-2002, SEC.12. Amended by P.L.137-2023, SEC.3.
2023 Indiana Code › Title 32. Property › Article 27. Construction Warranties on Real Property › Chapter 2. New Home Construction Warranties › 32-27-2-3. "Major Structural Defect" Defined

Sec. 3. As used in this chapter, "major structural defect" means actual damage to the load bearing part of a new home or model home, including actual damage due to:
(1) subsidence;
(2) expansion; or
(3) lateral movement;
of the soil affecting the load bearing function, unless the subsidence, expansion, or lateral movement of the soil is caused by flood, earthquake, or some other natural disaster.
[Pre-2002 Recodification Citation: 32-15-7-3.]
As added by P.L.2-2002, SEC.12. Amended by P.L.137-2023, SEC.4.
2023 Indiana Code › Title 32. Property › Article 27. Construction Warranties on Real Property › Chapter 2. New Home Construction Warranties › 32-27-2-3.5. "Model Home" Defined

Sec. 3.5. (a) As used in this chapter, "model home" means a new dwelling that is used for the first time after construction as:
(1) a model;
(2) a sales office;
(3) a design center; or
(4) any combination of subdivisions (1) through (3).
(b) After June 30, 2023, the term does not include a mobile home, a manufactured home, or an industrialized residential structure.
As added by P.L.137-2023, SEC.5.
2023 Indiana Code › Title 32. Property › Article 27. Construction Warranties on Real Property › Chapter 2. New Home Construction Warranties › 32-27-2-4. "New Home" Defined

Sec. 4. (a) As used in this chapter, "new home" means a new dwelling occupied for the first time as a residence after construction.
(b) The term does not include:
(1) a detached garage;
(2) a driveway;
(3) a walkway;
(4) a patio;
(5) a boundary wall;
(6) a retaining wall not necessary for the structural stability of the new home;
(7) landscaping;
(8) a fence;
(9) nonpermanent construction material;
(10) an off-site improvement;
(11) an appurtenant recreational facility;
(12) other similar item; or
(13) a model home.
(c) After June 30, 2023, the term does not include a mobile home, manufactured home, or an industrialized residential structure.
[Pre-2002 Recodification Citation: 32-15-7-4.]
As added by P.L.2-2002, SEC.12. Amended by P.L.137-2023, SEC.6.
2023 Indiana Code › Title 32. Property › Article 27. Construction Warranties on Real Property › Chapter 2. New Home Construction Warranties › 32-27-2-5. "Home Buyer" Defined

Sec. 5. (a) As used in this chapter, "home buyer" means a purchaser of a new home or a model home.
(b) The term includes any owner of the new home or model home before the expiration of the warranties defined by this chapter.
[Pre-2002 Recodification Citation: 32-15-7-5.]
As added by P.L.2-2002, SEC.12. Amended by P.L.137-2023, SEC.7.
2023 Indiana Code › Title 32. Property › Article 27. Construction Warranties on Real Property › Chapter 2. New Home Construction Warranties › 32-27-2-6. "Builder" Defined

Sec. 6. As used in this chapter, "builder" means a person who constructs new homes for sale, including the construction of new homes on land owned by home buyers.
[Pre-2002 Recodification Citation: 32-15-7-6.]
As added by P.L.2-2002, SEC.12.
2023 Indiana Code › Title 32. Property › Article 27. Construction Warranties on Real Property › Chapter 2. New Home Construction Warranties › 32-27-2-7. "Warranty Date" Defined

Sec. 7. As used in this chapter, "warranty date" means the following:
(1) In the case of a new home, the date of the first occupancy of the new home as a residence by one (1) of the following:
(A) The builder.
(B) An individual renting the home from the builder.
(C) An individual living in the home at the request of the builder.
(D) The initial home buyer.
(E) An individual renting the home from the initial home buyer.
(2) In the case of a model home, the date that the home was first used as a model home.
[Pre-2002 Recodification Citation: 32-15-7-7.]
As added by P.L.2-2002, SEC.12. Amended by P.L.165-2005, SEC.9; P.L.137-2023, SEC.8.
2023 Indiana Code › Title 32. Property › Article 27. Construction Warranties on Real Property › Chapter 2. New Home Construction Warranties › 32-27-2-8. Warranties of Builder; Survival of Warranties

Sec. 8. (a) In selling a completed new home, and in contracting to sell a new home to be completed, the builder may warrant to the initial home buyer the following:
(1) During the two (2) year period beginning on the warranty date, the new home will be free from defects caused by faulty workmanship or defective materials.
(2) During the two (2) year period beginning on the warranty date, the new home will be free from defects caused by faulty installation of:
(A) plumbing;
(B) electrical;
(C) heating;
(D) cooling; or
(E) ventilating;
systems, exclusive of fixtures, appliances, or items of equipment.
(3) During the four (4) year period beginning on the warranty date, the new home will be free from defects caused by faulty workmanship or defective materials in the roof or roof systems of the new home.
(4) During the ten (10) year period beginning on the warranty date, the new home will be free from major structural defects.
(b) The warranties provided in this section (or IC 34-4-20.5-8 or IC 32-15-7 before their repeal) survive the passing of legal or equitable title in the new home to a home buyer.
(c) An individual identified in section 7(1)(A), 7(1)(B), or 7(1)(C) of this chapter who is selling a new home shall notify the purchaser of the home in writing on or before the date of closing or transfer of the new home of:
(1) the warranty date (as defined in section 7 of this chapter); and
(2) the amount of time remaining under the warranty.
[Pre-2002 Recodification Citation: 32-15-7-8.]
As added by P.L.2-2002, SEC.12. Amended by P.L.165-2005, SEC.10; P.L.137-2023, SEC.9.
2023 Indiana Code › Title 32. Property › Article 27. Construction Warranties on Real Property › Chapter 2. New Home Construction Warranties › 32-27-2-8.5. Model Home Warranty

Sec. 8.5. (a) In selling a model home, the builder may warrant to the home buyer that during the ten (10) year period beginning on the warranty date the model home will be free from major structural defects.
(b) The warranty provided in this section survives the passing of legal or equitable title in the model home to a subsequent home buyer.
(c) The home buyer who purchases the model home from the builder shall, in writing on or before the date of closing or transfer of the model home to a subsequent home buyer, notify the subsequent home buyer of:
(1) the warranty date (as defined in section 7 of this chapter); and
(2) the amount of time remaining under the warranty.
As added by P.L.137-2023, SEC.10.
2023 Indiana Code › Title 32. Property › Article 27. Construction Warranties on Real Property › Chapter 2. New Home Construction Warranties › 32-27-2-9. Disclaimer of Implied Warranties

Sec. 9. (a) A builder may disclaim all implied warranties on a new home or model home only if the following conditions are met:
(1) The warranties defined in this chapter are expressly provided for in the written contract between a builder and:
(A) an initial home buyer of a new home; or
(B) the home buyer of a model home.
(2) The performance of the warranty obligations is backed by an insurance policy in an amount at least equal to the purchase price of the new home or model home.
(3) The builder carries completed operations products liability insurance covering the builder's liability for reasonably foreseeable consequential damages arising from a defect covered by the warranties provided by the builder on a new home.
(b) The disclaimer must be printed in a minimum size of 10 point boldface type setting forth that the statutory warranties of section 8 of this chapter for a new home or section 8.5 of this chapter for a model home are in lieu of the implied warranties that have been disclaimed by the builder, and the initial home buyer of a new home or the home buyer of a model home must affirmatively acknowledge by complete signature that the initial home buyer of a new home or the home buyer of a model home has read, understands, and voluntarily agrees to the disclaimer. Additionally, the initial home buyer or home buyer must acknowledge the disclaimer of implied warranties by signing, at the time of execution of the contract, a separate one (1) page notice, attached to the contract, that includes and begins with the following language:
"NOTICE OF WAIVER OF IMPLIED WARRANTIES
I recognize that by accepting the express warranties and the insurance covering those warranties for the periods of time provided in this contract, I am giving up the right to any claims for implied warranties, which may be greater than the express warranties. Implied warranties are unwritten warranties relating to the reasonable expectations of a homeowner with regard to the construction of the homeowner's home, as those reasonable expectations are defined by the courts on a case by case basis.".
(c) If there is a default of either:
(1) the insurance for the performance of the warranty obligations; or
(2) the completed operations products liability insurance;
the disclaimer by the builder is void from and after the default.
[Pre-2002 Recodification Citation: 32-15-7-9.]
As added by P.L.2-2002, SEC.12. Amended by P.L.137-2023, SEC.11.
2023 Indiana Code › Title 32. Property › Article 27. Construction Warranties on Real Property › Chapter 2. New Home Construction Warranties › 32-27-2-10. Breach of Warranty; Actions Against Builder; Damages; Attorney's Fees

Sec. 10. (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.]
As added by P.L.2-2002, SEC.12. Amended by P.L.137-2023, SEC.12.
2023 Indiana Code › Title 32. Property › Article 27. Construction Warranties on Real Property › Chapter 2. New Home Construction Warranties › 32-27-2-11. Warranties in Addition to Contract Rights; Other Remedies

Sec. 11. (a) The warranties set forth in this chapter (or IC 34-4-20.5 or IC 32-15-7 before their repeal) are in addition to any rights created by contract between the parties.
(b) The remedies provided in section 10 of this chapter (or IC 34-4-20.5-10 or IC 32-15-7-10 before their repeal) do not limit any remedies available in an action that is not predicated upon the breach of an express or implied warranty set forth in this chapter (or IC 34-4-20.5 or IC 32-15-7 before their repeal) or otherwise existing.
[Pre-2002 Recodification Citation: 32-15-7-11.]
As added by P.L.2-2002, SEC.12.
2023 Indiana Code › Title 32. Property › Article 27. Construction Warranties on Real Property › Chapter 3. Notice and Opportunity to Repair › 32-27-3-1. Definitions

Sec. 1. The following definitions apply throughout this chapter:
(1) "Action" means any civil lawsuit or action in contract or tort for damages or indemnity brought against a construction professional to assert a claim, whether by complaint, counterclaim, or cross claim, for damage or the loss of use of real or personal property caused by a defect in the construction of a residence or in the substantial remodeling of a residence. "Action" does not include:
(A) a claim in bankruptcy; or
(B) any civil action in tort alleging personal injury to or wrongful death of a person or persons resulting from a construction defect.
(2) "Association" means an association of co-owners (as defined in IC 32-25-2-2).
(3) "Claimant" means a home owner who or an association that asserts a claim against a construction professional concerning a defect in the construction of a residence or in the substantial remodeling of a residence.
(4) "Construction professional" means an architect, a builder, a builder vendor, a contractor, a subcontractor, or an engineer, including but not limited to any person performing or furnishing the design, supervision, construction, or observation of the construction of any improvement to real property, whether operating as a sole proprietor, a partnership, a corporation, or another business entity that contracts with the home owner to build the residence. A construction professional is not a home owner under this chapter unless the construction professional occupies the residence that is the basis for the claimed defect.
(5) "Defect" or "construction defect" means damage or deficiency in the residential construction, design, specifications, surveying, planning, supervision, testing, inspection, or observation of construction.
(6) "Home owner" means:
(A) any person, company, firm, partnership, corporation, association, or other business entity that:
(i) is owner of the residence; and
(ii) contracts with a construction professional for the construction, sale, or construction and sale of a residence; or
(B) a subsequent purchaser of a residence from a home owner.
(7) "Residence" means a:
(A) single family house;
(B) duplex;
(C) triplex;
(D) quadraplex; or
(E) unit in a multiple unit residential structure in which title to the individual unit is transferred to the owner under a condominium or cooperative system.
For purposes of clause (E), the term includes common areas and facilities (as defined in IC 32-25-2-4).
(8) "Serve" or "service" means personal service or delivery by certified mail to the last known address of the addressee.
(9) "Substantial remodeling" means a remodeling of a residence, the total cost of which exceeds fifty percent (50%) of the assessed value under IC 6-1.1-1-3(a)(2) of the residence at the time that the contract for the remodeling work was made.
As added by P.L.134-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 27. Construction Warranties on Real Property › Chapter 3. Notice and Opportunity to Repair › 32-27-3-2. Notice of Claim; Response

Sec. 2. (a) At least sixty (60) days before filing a construction defect action against a construction professional, the claimant must serve written notice of claim on the construction professional. The notice of claim must state that the claimant asserts a construction defect claim against the construction professional and must describe the claim in reasonable detail sufficient to determine the general nature of the defect.
(b) Within twenty-one (21) days after service of a notice of claim under subsection (a), the construction professional must serve a written response on the claimant. The written response must do one (1) of the following:
(1) Propose to inspect the residence that is the subject of the claim and complete the inspection within a specified time frame. A response made under this subdivision must include the statement that the construction professional shall, based on the inspection, offer to remedy the defect, compromise by payment, or dispute the claim.
(2) Offer to compromise and settle the claim by monetary payment without inspection. A construction professional's offer under this subdivision may include, but is not limited to, an express offer to purchase the claimant's residence that is the subject of the claim and to pay the claimant's reasonable relocation costs.
(3) State that the construction professional disputes the claim and will neither remedy the construction defect nor compromise and settle the claim.
(c) If the construction professional terminates a proposal or offer under section 3(c) of this chapter, the claimant may bring an action against the construction professional for the construction defect claim described in the notice of claim.
(d) A home owner is not required to serve an additional written notice for any additional defects discovered after the home owner has served an initial written notice of a construction defect in accordance with this section.
As added by P.L.134-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 27. Construction Warranties on Real Property › Chapter 3. Notice and Opportunity to Repair › 32-27-3-3. Action for Construction Defect; Notice of Rejection; Notice to Terminate Offer or Proposal

Sec. 3. (a) If the construction professional disputes the claim or does not respond to the claimant's notice of claim within the time set forth in section 2(b) of this chapter, the claimant may bring an action against the construction professional for the claim described in the notice of claim without further notice.
(b) If the construction professional makes:
(1) a proposal to inspect the residence under section 2(b)(1) of this chapter; or
(2) an offer to compromise and settle the claim by monetary payment without inspection under section 2(b)(2) of this chapter;
and the claimant rejects the proposal or offer, the claimant must serve written notice of the rejection on the construction professional. After service of the rejection, the claimant may bring an action against the construction professional for the construction defect claim described in the notice of claim.
(c) If the construction professional does not receive from the claimant either an acceptance or rejection of the construction professional's inspection proposal or settlement offer within sixty (60) days after the claimant's receipt of the construction professional's response, the construction professional may terminate the proposal or offer by serving written notice on the claimant.
(d) If the construction professional terminates a proposal or offer under subsection (c), the claimant may bring an action against the construction professional for the construction defect claim described in the notice of claim.
As added by P.L.134-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 27. Construction Warranties on Real Property › Chapter 3. Notice and Opportunity to Repair › 32-27-3-4. Reasonable Access for Inspection; Action for Construction Defect; Notice of Rejection; Notice to Terminate Offer or Proposal

Sec. 4. (a) If the construction professional makes a proposal to inspect the residence under section 2(b)(1) of this chapter and the claimant elects to allow the construction professional to inspect in accordance with the construction professional's proposal, the claimant must provide the construction professional and the construction professional's contractors or other agents reasonable access to the claimant's residence during normal working hours to inspect the premises and the claimed defect.
(b) Within fourteen (14) days after the completion of an inspection pursuant to a proposal under section 2(b)(1) of this chapter, the construction professional must serve on the claimant:
(1) a written offer to remedy the construction defect at no cost to the claimant, including a report of the scope of the inspection, the findings and results of the inspection, a description of the additional construction necessary to remedy the defect described in the claim, and a timetable for the completion of such construction;
(2) a written offer to compromise and settle the claim by monetary payment under section 2(b)(2) of this chapter; or
(3) a written statement that the construction professional will not proceed further to remedy the defect.
(c) If the construction professional:
(1) makes a written offer to remedy the construction defect under subsection (b)(1) but does not proceed further to remedy the construction defect within the agreed timetable; or
(2) fails to serve a written offer or statement on the claimant under subsection (b);
the claimant may bring an action against the construction professional for the claim described in the notice of claim without further notice.
(d) If the construction professional makes an offer under subsection (b)(1) or (b)(2) to remedy the construction defect or to compromise and settle the claim by monetary payment and the claimant rejects the offer, the claimant shall serve written notice of the claimant's rejection on the construction professional. After service of the rejection notice, the claimant may bring an action against the construction professional for the construction defect claim described in the notice of claim.
(e) If the construction professional makes an offer under subsection (b)(1) or (b)(2) and does not receive an acceptance or rejection of the offer from the claimant within sixty (60) days after the claimant's receipt of the construction professional's response, the construction professional may terminate the offer by serving written notice on the claimant.
As added by P.L.134-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 27. Construction Warranties on Real Property › Chapter 3. Notice and Opportunity to Repair › 32-27-3-5. Notice of Acceptance; Reasonable Access to Complete Construction; Agreement to Alter Offer

Sec. 5. (a) To accept the offer of a construction professional to remedy the construction defect under section (4)(b)(1) of this chapter, the claimant must serve on the construction professional a written notice of acceptance within a reasonable time period after receipt of the offer, and not later than sixty (60) days after receipt of the offer.
(b) A claimant who accepts a construction professional's offer under section 4(b)(1) of this chapter must provide the construction professional and the construction professional's contractors or other agents reasonable access to the claimant's residence during normal working hours to perform and complete the construction by the timetable stated in the offer.
(c) After the acceptance of an offer under section 4(b)(1) of this chapter, the claimant and construction professional may, by written mutual agreement, alter the extent of construction or the timetable for completion of construction stated in the offer, including but not limited to construction to repair additional defects.
As added by P.L.134-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 27. Construction Warranties on Real Property › Chapter 3. Notice and Opportunity to Repair › 32-27-3-6. Dismissal

Sec. 6. Any action commenced by a claimant before compliance with the requirements of this chapter is subject to dismissal without prejudice, and may not be recommenced until the claimant complies with the requirements of this section.
As added by P.L.134-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 27. Construction Warranties on Real Property › Chapter 3. Notice and Opportunity to Repair › 32-27-3-7. Commence Action for Construction Defect

Sec. 7. Nothing in this section may be construed to prevent a claimant from commencing an action on the construction defect claim described in the notice of claim if the construction professional fails to perform the construction agreed upon, fails to remedy the defect, or fails to perform according to the timetable agreed upon under section 4(b)(1) or 5 of this chapter.
As added by P.L.134-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 27. Construction Warranties on Real Property › Chapter 3. Notice and Opportunity to Repair › 32-27-3-8. Amend Notice of Claim; Date of Original Notice of Claim Applies

Sec. 8. (a) Before commencing any action alleging a construction defect, or after the dismissal of any action without prejudice under section 6 of this chapter, the claimant may amend the notice of claim to include construction defects discovered after the service of the original notice of claim.
(b) The service of an amended notice of claim relates back to the original notice of claim for purposes of section 2 of this chapter and the applicable statutes of limitations and repose.
As added by P.L.134-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 27. Construction Warranties on Real Property › Chapter 3. Notice and Opportunity to Repair › 32-27-3-9. Attorney's Fees and Costs to Construction Professional; Deduction of Sums Paid Under Warranty; Failure to Comply

Sec. 9. (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.