Most construction professionals would not really consider the so-called “lemon laws” as having anything to do with their work while developing new impressive buildings and stylish modern stores and office towers in the booming markets of India, Brazil and other growing economies around the world. In fact, I was surprised at the range of professionals and companies operating under the umbrella of our own PDI Global (PDI) group with a substantial global practice in these growing markets.
However, those in a position to know might find the how to file a lemon law claim in indiana interesting since the Indiana Uniform Commercial Code section covering warranties for goods, including a lemon law claim, has an analogous application in most states in the country.
Some of the issues, such as the timing of a claim and steps to preserve the possibility of recovery under the applicable law should be brought to the attention of the developer and property owner as soon as a problem arises such as a defective product. It only takes an unanticipated delay or cost overrun on a major project to cause a developer and its investors concern regarding the quality of products used in the construction process.
PDI might also recommend that architectural due diligence be done with respect to certain products and materials to promote the use and reliability of new construction techniques and construction methods in the local market. Such concerns might be the norm if the product or material is imported from other countries where standards are not comparable to those in the United States.
Fortunately, our experience in managing a consortium of construction professionals around the world under PDI Global or a similar umbrella organization has smoothed the process by which this type of check on applicable US warranty protections can be made or integrated into the decision-making process. Still, there may be other avenues by which such an inquiry can be put into play.
The following are examples of provisions that are typically included in a lemon law claim and the means to potentially remedy or to mitigate the consequences of a defective product. According to the Indiana law:
In short, it is possible to file a lemon law claim in Indiana that is based on the premise that you did not get what you relied upon. An Indiana lemon law claim involves using the courts to secure a replacement or refund for a defective product. Moreover, there are certain protections afforded in most states applicable to the purchase of any good including a building or major equipment that is typically custom manufactured or sourced from abroad, as in the case of large printing presses or industrial dry cleaning machines.
You might be thinking, so how does all of this have anything to do with a defect in concrete? Well, think about the structural integrity of a building and then consider an instance in which the concrete fails to meet strength requirements. Not only could there be a delay in the completion of a project, you could have been relying upon a false representation of compliance with the applicable code or standard. The resulting claims might include sureties, contractors and those who manufactured or supplied defective components to the project.
Therefore, as with our business, you might want to consider how such a claim might go into the management and control of a project or how it might be facilitated by a group like PDI Global if the product can be tied to a defect in the construction of a building or in the supply and installation of certain equipment that might be relevant to the work being done.
For example, other states, such as New York, have similar lemon laws that apply to the sale of home appliances such as washers and dryers and similar types of products. Such protections are much the same as those post-sale protections afforded to consumers in Indiana. It is also important to note that while the idea of a lemon law might be intriguing at first, the truth is that a claim might become contentious and difficult to resolve without the assistance of counsel to frame the issues for efficient resolution.
A typical top down approach might be most effective when the product claims arise to help in managing the expectations of the developer who has contracted for a new building, plant, manufacturing facility or any type of project. Even a newly constructed convention center or teaching hospital could involve these issues. Therefore, knowing how to file a lemon law claim in indiana or elsewhere might help to promote quality and reliability in the products and services used in projects overseas.
For more information on lemon laws, you can visit the Wikipedia page on lemon laws.
