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Indiana

Protect Valuable Property Rights in the event of construction defects and the resulting damage to your condominium or townhome project.


Indiana

In Indiana there is a common law implied warranty by the builder that a home is free from defects that would substantially impair the use and enjoyment of the home. This language has been broadly interpreted in favor of home purchasers. There is also a broad statutory warranty of construction quality that a builder may incorporate into its sales contracts in lieu of the common law warranty.

Whether the applicable warranty is the common law warranty or the statutory warranty, the warranty is likely to be breached if there are significant defects in the design or construction of the home. However, there is a time limit within which a claim can be brought. Therefore, it is crucial that an association or its unit owners act in a timely manner if they want to take advantage of these valuable warranties.

However, regardless of whether a claim is based on breach of a statutory warranty or breach of the common law implied warranty, action must be taken within the time provided by law. And the time period within which action must be taken varies depending on whether the claim is based on breach of the common law warranty or a breach of a statutory warranty.  

General Resources

For a brief discussion of your legal rights and how much time you have to exercise them, please refer to Frequently Asked Questions.

If you would like to learn more about the construction defect resolution process, we suggest that you download an Overview of the Survivor’s Guide, which summarizes the board’s duties, construction defects, warranty rights and claims and the role of the attorney.

At no charge to the association, Levin Law Group will:

  1. Meet with your board to discuss the association’s rights and time limits to exercise those rights.
  2. Send a trained consultant to observe any obvious signs of construction related problems at your project.
  3. Provide an online, unit owner’s survey which allows an owner to identify any problems in doors, windows, floors, electrical and mechanical systems, landscaping, etc.