A graphic rendering of a home, representing how Camden and Meridew can help with claims arising from home construction and improvement and the problems that can arise due to construction defects under Indiana home improvement law.

Indiana Home Improvement Law: Construction Defect Claims

Construction defect claims can arise for a variety of reasons throughout the home building or home improvement process—from design to maintenance. Multiple statutes govern Indiana home improvement law. These laws establish terminology, set forth claims requirements and processes and detail appropriate penalties for improper actions or negligence. Experienced construction lawyers in Indiana can help homeowners and contractors better navigate the intricacies of construction law, from contract to completion.

What You Need to Know about Construction Defect Claims and Indiana Home Improvement Law

In the ideal home construction or improvement scenario, a well-designed and engineered structure is built, as agreed in a home improvement contract, by capable contractors using quality materials and industry standards for workmanship. Unfortunately, this is not always the case.

Whether a failure occurs in the design stage, a contractual obligation is not met, a component of the structure is compromised, or a homeowner believes a contractor failed exercise the appropriate standard of care in completing the project, the applicable laws require specific processes for filing and defending Indiana home improvement claims.

Indiana Home Improvement Claims: Potential Impacts of Construction Defects

Negligence or errors in home design and construction have weighty consequences for homeowners, contractors, and anyone else involved throughout the process. Sometimes these issues are dangerous and present a specific and immediate threat to people or property. In other cases, the flaws may be latent yet still create cause for concern, future problems, and a basis for legal action.

Construction defect claims often arise from flaws that impact three primary aspects of the structure:

  • Envelope defects occur in the outer casing of the structure, including walls, roofing, siding, doors, and windows.
  • Environmental problems occur in the ventilation, ductwork, insulation, and acoustic systems of the home.
  • Drainage flaws result from improper grading, errors or oversights in soil evaluation, and failure to install proper run-off management systems.

Indiana Home Improvement Law Applies to All Stages of the Construction Process

All of the individuals and companies involved throughout the construction process—from architects to building contractors to maintenance personnel—can be implicated in Indiana home improvement claims. These claims can result from errors or omissions in design, faulty materials or incompatible products, mistakes and oversights in the construction process, and improper maintenance or operation.

The specific cause of a construction defect can be difficult to pinpoint, and evaluating fault for incidents or issues can be a complicated process. Applying Indiana law to a specific situation can be just as complex.

Homeowners, contractors, and other construction professionals can protect themselves by insuring their interests, and, when problems develop from which Indiana home improvement claims might arise, it is wise to seek the counsel of construction lawyers in Indiana who are well-versed in this area of the law.

Construction Defect Claims Require Deep Knowledge of Indiana Home Improvement Law

Indiana Code § 32-27-1 through § 32-27-3 outlines the state’s implementation of statutory home improvement warranties and sets forth the requirements for notifying involved parties and providing the opportunity for repair. The statute also includes details related to the filing of claims and recovery of attorneys’ fees.

Multiple acts apply to home construction and remodeling under state law in Indiana, including the Home Improvement Contract Act (“HICA”), the Deceptive Consumer Sales Act (“DCSA”), and the Home Improvement Fraud Act (“HIFA”).

If you are at risk of being affected by the negative impacts of construction defect claims under Indiana home improvement law, it is imperative that you seek out skilled construction lawyers in Indiana who can assist you in navigating the complex matters involved in Indiana home improvement claims. Contact Corey Meridew of Camden & Meridew, PC to learn how you can best protect your interests and move forward. You can reach Corey by phone at 317-770-0000 or by completing the firm’s online contact form.