Sec. 10. If a construction professional unreasonably:
(1) disputes a home owner's claim;
(2) fails to remedy or compromise and settle the claim;
(3) fails to repair the construction defect within a reasonable time, subject to the nature of the repair or some unforeseen event not caused by the construction professional; or
(4) fails to respond to a notice;
and the claimant commences an action governed by this chapter and prevails in the action, the court may award attorney's fees and costs to the claimant.