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). Full story on lexis.com