Indiana is one of a number of states that have enacted right-to-cure laws. The right to cure allows construction professionals — contractors, subcontractors, architects, engineers, etc. — the opportunity to remedy a construction defect before a lawsuit if filled. And like other states, Indiana has complicated and demanding right-to-cure laws, not to mention the fact that they only apply to residential structures.
Below, we discuss how an Indiana construction defect attorney can assist you and your company if you’ve been accused of causing a construction defect. Whether you performed work on a single-family dwelling or a sprawling commercial property, our law firm can defend you.
What an Indianapolis Construction Defect Lawyer Can Do for You
At Cotney Construction Law, our team of attorneys is adept at handling construction defect claims. From reviewing contracts to defending against legal action, we can assist construction companies throughout the entire claims process.
Right to Cure
As mentioned above, Indiana has enacted right-to-cure laws that provide the opportunity for you to repair a construction defect on a residential property. Depending on the specifics of the claim, this may very well be your best option. However, complying with Indiana law won’t be easy. The process of inspecting the property, offering to settle, or disputing the claim involves strict deadlines and notice requirements. Fortunately, these strict requirements and notice deadlines also apply to homeowners. An Indiana construction defect lawyer can not only ensure that you comply with Indiana law but also determine if an owner has failed to comply with these requirements.
Building a Defense
If the right to cure isn’t an option, or if you feel that you are not responsible for the construction defect in question, an Indianapolis construction defect attorney can defend you against the claim. Our attorneys can help determine if:
- Other parties or factors caused or contributed to the defect
- The owner’s actions or requests caused or contributed to the defect
- The owner failed to pay for work prior to the defect
- The owner made repairs prior to your inspection
- The design caused the defect
- Statute of limitations or statute of repose prevents a claim
The best defense should be determined on a case-by-case basis. If you’ve been accused of a construction defect, we can review the specifics of your case and help determine the best course of action. Whether that involves repairing the defect or rejecting the claim, our attorneys will always recommend what is in the best interest of you and your company.
If you would like to speak with an Indianapolis construction defect attorney, please contact us today.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.