A construction defect is generally a deficiency in the design or construction of a building due to the failure to design or construct the building in a reasonably workmanlike manner (the minimally acceptable industry standard), or according to the owner’s reasonable expectation.
In Indiana, a construction defect is recognized as a deficiency in the design, specifications, surveying, planning, supervision, or construction of a building. This deficiency arises when the construction does not meet the reasonable workmanship standards expected in the industry or fails to fulfill the owner's reasonable expectations. Indiana law requires that construction professionals perform services in a manner consistent with the standards of the profession. The Indiana Home Improvement Contract Act provides some protections for homeowners, including requirements for written contracts for certain residential construction projects. Additionally, Indiana's statute of limitations for construction defects is generally two years from the date the defect was discovered or should have been discovered, but no more than ten years after substantial completion of the construction. This is outlined in the Indiana Code IC 34-20-3, also known as the statute of repose. It is important for property owners to act promptly if they suspect a construction defect to preserve their legal rights.