If a construction professional unreasonably:

1. (1) disputes a home owner's claim;
2. (2) fails to remedy or compromise and settle the claim;
3. (3) fails to repair the construction defect within a reasonable time, subject to the nature of the repair or some unforeseen event not caused by the construction professional; or

4. (4) fails to respond to a notice;

   and the claimant commences an action governed by this chapter and prevails in the action, the court may award attorney's fees and costs to the claimant.

As added by P.L.134-2003, SEC.1.