02/28/2012 05:20:58 PM EST
Indiana Appeals Panel: Construction Defect Claim For Loss Of Use Can Proceed
INDIANAPOLIS The Indiana Court of Appeals on Feb. 27 upheld a trial court decision to allow a claim of breach of the implied warranty of habitability to proceed in a construction defects action, concluding that the trial court did not err by denying summary judgment (John Zelenak, et al. v. ARC Construction Management LLC, et al., No. 10A01-1106-CT-247, Ind. App.; 2012 Ind. App. LEXIS 74).
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