Legal Question in Construction Law in Indiana

Builder required to offer warranty for new construction under state law?

Preparing to build a new custom home- the builder we are planning to work has a good reputation but says that he does not offer new construction warranties- he promises to come out and fix any problems that are discovered once construction complete- is he required under Indiana law to provide any form of builder's warranty or structural warranties?


Asked on 12/09/07, 8:15 pm

1 Answer from Attorneys
Mark Voigtmann Baker & Daniels

Re: Builder required to offer warranty for new construction under state law?

A builder is not required in Indiana to provide any new home construction warranties, but if he does not do so there are certain IMPLIED warranties that may come into play. Chief among these is the implied warranty of habitability. Interestingly, what the builder is suggesting about promising to "come back" is in fact a type of warranty so I a bit mystified about why he would not want to put it in writing. I would NEVER recommend entering into a new home construction project without a detailed agreement that includes such warranties and other protections.

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Answered on 12/10/07, 11:54 am


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