1. (a) If a builder provides and breaches a warranty set forth in section 8 or 8.5 of this chapter (or IC 34-4-20.5-8 or IC 32-15-7-8 before their repeal), the home buyer may bring an action against the builder 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 8 or 8.5 of this chapter (or IC 34-4-20.5-8 or IC 32-15-7-8 before their repeal), the award may be for not more than:

   1. (1) the actual damages, which are either:

      1. (A) the amount necessary to effect repair of the defect that is the cause of the breach; or
      2. (B) the amount of the difference between the value of the new home without the defect and the value of the new 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: 32-15-7-10.]

As added by P.L.2-2002, SEC.12. Amended by P.L.137-2023, SEC.12.