1. (a) If a remodeler breaches a warranty set forth in section 12 of this chapter, the owner may bring an action against the remodeler for:

   1. (1) damages arising from the breach; or
   2. (2) specific performance.

2. (b) If damages are awarded for a breach of a warranty set forth in section 12 of this chapter, the award may not be for more than:

   1. (1) the actual damages that are:

      1. (A) necessary to effect repair of the defect that is the cause of the breach; or
      2. (B) the difference between the value of the home without the defect and the home with the defect;
   2. (2) the reasonably foreseeable consequential damages arising from the defect covered by the warranty; and

   3. (3) attorney's fees, if those fees are provided for in the written contract between the parties.

      [Pre-2002 Recodification Citation: 24-5-11.5-14.]

As added by P.L.2-2002, SEC.12.