Indiana Court: Breach Of Contract Claim Fails Because No Notice Of Defects Given

Mealey's (July 22, 2021, 9:53 AM EDT) -- INDIANAPOLIS — Homeowners’ claim that a builder constructed portions of their home defectively and breached the parties’ contractual warranty failed because the homeowners did not provide notice and opportunity for the builder to fix the alleged defects, the Indiana Court of Appeals affirmed July 14, adding that the trial court’s application of the implied warranty of habitability would not change the result....