Indiana Complaint for Defective Home Construction, Defective Design

State:
Multi-State
Control #:
US-CMP-10002
Format:
Word; 
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Description

This form is a Complaint. Plaintiffs allege that defendants are liable for damages for breach of an implied warranty of merchantability. Plaintiffs demand compensatory damages and punitive damages from the defendants, plus prejudgment interest.
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  • Preview Complaint for Defective Home Construction, Defective Design
  • Preview Complaint for Defective Home Construction, Defective Design
  • Preview Complaint for Defective Home Construction, Defective Design
  • Preview Complaint for Defective Home Construction, Defective Design
  • Preview Complaint for Defective Home Construction, Defective Design
  • Preview Complaint for Defective Home Construction, Defective Design

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FAQ

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.

Such as failure due to poor quality workmanship, which can result in a range of damages. Improper plumbing work causing leaks that might promote mold growth or damage electrical wires in a wall is an example.

Construction defects include improperly designed materials, poor workmanship, and failure to follow construction codes. Any deficiency in a building project can be considered a construction defect, including: Defective architectural designs. Lack of planning or supervision.

There are generally four categories of construction defects: construction deficiencies, design deficiencies, material deficiencies, and subsurface deficiencies.

Common Types of Construction Defects Water leaks are by far the most common construction defect. ... Another common issue is foundation movement. ... Concrete that is cracking, scaling, or spalling may cause issues to nearby property or may require premature replacement.

A construction defect happened whenever a completed or partially finished structure fails to perform as required by accepted building standards or applicable construction contracts. ... Construction defects can be categorized into two major categories: obvious and hidden. ... Commonly, however, construction defects are hidden.

A construction defect is any physical condition that reduces the value of a structure or endangers the health or safety of its occupants, that is a result of a flaw in design, materials, or workmanship, and that is not the result of normal aging or wear and tear.

Generally, a defect under a construction contract is work which is not performed in ance with the requirements of the construction contract. To assess what a defect is requires an examination of the terms of the contract to understand what was required of the contractor.

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Indiana Complaint for Defective Home Construction, Defective Design