Indiana · Construction-defect rights
Here is what you have, and here is how to keep it.
An Indiana homeowner generally has 10 years from substantial completion to sue over a defect (or, for a pure design defect, the earlier of that or 12 years from when plans were submitted). A builder's later failure to maintain the property is not a covered deficiency. Before filing you must give 60 days' written notice and a chance to offer repairs.
What you have
If the builder or developer still controls the property, the deadline isn’t theirs to raise.
The exception most homeowners would never think to ask about: a possessor's failure to maintain the improvement after completion is not a covered deficiency, so those claims fall outside the repose (Ind. Code § 32-30-1-5(a)) It matters most where a builder still controls part of a project — a phased subdivision, an unfinished condo association.
You have 10 years from substantial completion to sue over a construction defect in Indiana — or, for a design defect, the earlier of that or 12 years from when plans went to the owner (Ind. Code § 32-30-1-5). A builder's later failure to maintain the property is not covered by the deadline. Give 60 days' written notice before filing (§ 32-27-3).
The deadline
10 years to bring a construction-defect claim
Ind. Code § 32-30-1-5(d)
10 years from substantial completion, or (for a pure design-deficiency claim) the EARLIER of that or 12 years after plans/specs are submitted to the owner (Ind. Code § 32-30-1-5). A builder's later failure to use reasonable care to MAINTAIN the improvement is not a covered "deficiency," so post-completion maintenance-negligence claims against a possessor fall outside the repose. The statute contains no express fraud carve-out.
“An action to recover damages ... for: (1) a deficiency ... in the design, planning, supervision, construction, or observation of construction of an improvement to real property ... may not be brought against a designer or possessor unless the action is commenced within the earlier of ten (10) years after the date of substantial completion of the improvement or twelve (12) years after the completion and submission of plans and specifications to the owner if the action is for a deficiency in the design of the improvement.”
Before you sue: Indiana requires written notice of the claim to the construction professional at least 60 days before you file a construction defect action over a residence. An action filed first can be dismissed without prejudice. (Ind. Code §§ 32-27-3-2, 32-27-3-6)
What to do now
Write it down the day you notice it. Photograph it with something for scale. Note the date, the room, and what you saw. If it gets worse, photograph it again - a sequence is far stronger than one picture. Keep every message with the builder. You are not starting a fight; you are keeping the option open. Indiana requires written notice to the builder before you sue: see "Before you sue" on this page for the exact rule. Describe each defect in reasonable detail; a record made at the time is what most people are missing later.
The same defect, a different answer next door
The construction-defect deadline is a state-by-state accident of geography. The identical crack in the identical house can be dead in one state and live in another.