The theory on which a plaintiff may recover damages from a contractor for the latter's failure to construct a building in a workmanlike manner is that a party is entitled to have what was contracted for or its equivalent. If the defective work is remediable, the measure of damages is generally the cost of correcting the defect, but if the structure must be substantially rebuilt to conform to the contract, the measure of damages is generally the difference in value between what ought to have been done in the performance of the contract and what has in fact been done.
Indiana Complaint Against Builder for Costs of Repairs Made and to be Made to House Not Constructed in Workmanlike Manner
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How to fill out Complaint Against Builder For Costs Of Repairs Made And To Be Made To House Not Constructed In Workmanlike Manner?
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FAQ
?Defective? or ?faulty? workmanship is usually defined as a material or design defects, or poor workmanship that can render a structure unsafe or unsuitable for the purpose for which it was intended. These defects will eventually increase damage to a property, usually permanently.
Option to cure is a contract principle that, where available, allows a party to a contract to have the opportunity to correct their performance to align with their obligations in the contract.
Under the Texas Residential Construction Liability Act (RCLA), home builders can be held legally liable for damage caused by shoddy workmanship or construction defects. The RCLA provides very important legal protections to homeowners, property owners and real estate developers.
(a) Upon entering into a contract for sale, construction, or substantial remodeling of a residence, a construction professional must provide notice to each home owner of the construction professional's right to offer to cure construction defects before a home owner may commence litigation against the construction ...
Property § 32-27-3-1. (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).
Indiana's Statutory Right to Cure Can Work for You Code 32-27-3-1 et. seq. In order to obtain this right, the construction professional must provide the homeowner with notice of the potential application of the Statute at the time of contracting.
Indiana Code § 32-30-1 provides for a 10-year statute of repose for which an architect and/or contractor remain residually liable for deficiency of design and/or construction of improvements to real property.
Indiana Code § 32-30-1 provides for a 10-year statute of repose for which an architect and/or contractor remain residually liable for deficiency of design and/or construction of improvements to real property.