According to Burns Ind. Code Ann. § 32-27-3-2, the claimant must serve written notice of claim on the construction professional at least sixty days before filing a construction defect action against a construction professional.  The notice of claim must state that the claimant asserts a construction defect claim against the construction professional and must describe the general nature of the defect.  The construction professional must serve a written response on the claimant within twenty-one days after service of a notice of claim.  The written response must either:

• Propose to inspect the residence that is the subject of the claim and complete the inspection within a specified time frame; or
• Offer to compromise and settle the claim by monetary payment without inspection; or
• State that the construction professional disputes the claim and will neither remedy the construction defect nor compromise and settle the claim.

If the construction professional terminates a proposal or offer, the claimant may bring an action against the construction professional for the construction defect claim.  If the construction professional disputes the claim or does not respond to the claimant’s notice of claim within the time, the claimant may bring an action against the construction professional for the claim without further notice.  If the construction professional makes a proposal to inspect the residence; or an offer to compromise and settle the claim by monetary payment without inspection; and the claimant rejects the proposal or offer, the claimant must serve written notice of the rejection on the construction professional.  After service of the rejection, the claimant may bring an action against the construction professional for the construction defect claim.

Thereafter, if the construction professional does not receive from the claimant either an acceptance or rejection of the construction professional’s inspection proposal or settlement offer within sixty days after the claimant’s receipt of the construction professional’s response, the construction professional may terminate the proposal or offer by serving written notice on the claimant.  If the construction professional terminates a proposal or offer, the claimant may bring an action against the construction professional for the construction defect claim.  If the construction professional makes a proposal to inspect the residence and the claimant elects to allow the construction professional to inspect, the claimant must provide the construction professional reasonable access to the claimant’s residence during normal working hours.

Within fourteen days after the completion of an inspection pursuant to a proposal, the construction professional must serve on the claimant:

• a written offer to remedy the construction defect at no cost to the claimant, including a report of the scope of the inspection, the findings and results of the inspection, and a timetable for the completion of such construction;
• a written offer to compromise and settle the claim by monetary payment; or
• a written statement that the construction professional will not proceed further to remedy the defect.

If the construction professional makes a written offer to remedy the construction defect, but does not proceed further to remedy the construction defect within the agreed timetable; or fails to serve a written offer or statement on the claimant, the claimant may bring an action against the construction professional for the claim without further notice.  If the construction professional makes an offer to remedy the construction defect or to settle the claim by monetary payment and the claimant rejects the offer, the claimant shall serve written notice of the claimant’s rejection on the construction professional.  After service of the rejection notice, the claimant may bring an action against the construction professional for the construction defect claim.  If the construction professional makes an offer and does not receive an acceptance or rejection of the offer from the claimant within sixty days after the claimant’s receipt of the construction professional’s response, the construction professional may terminate the offer by serving written notice on the claimant.