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Home improvement contract enforceable

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Even though a restoration company’s contract with a homeowner did not satisfy the requirements of the Home Improvement Contracts Act, that did not automatically render the contract void, the Indiana Court of Appeals ruled. The judges reversed judgment in favor of the homeowner and ordered he pay the company for the work it performed.

In Imperial Insurance Restoration & Remodeling, Inc. v. James Costello, No. 10A05-1109-SC-478, James Costello and his wife hired Imperial Insurance Restoration and Remodeling to repair water damage in their home following a burst pipe. The Costellos’ insurance company put them in touch with Imperial. James Costello did not read the agreements he signed, which included a work authorization and a satisfaction of work completed. The paperwork he signed did not comply with the requirements of the Home Improvement Contracts Act, which Imperial later admitted.

The Costellos received $670 from their insurer to cover the clean-up costs but did not pay Imperial for the work. Imperial took James Costello to small claims court and the court ruled in his favor. He asserted as a defense that the contracts did not comply with the HICA and were void.

The appellate judges pointed out that the HICA is silent as to whether contracts that do not meet the requirements are void or unenforceable. It declares a nonconforming contract to be a deceptive act and affords the aggrieved customer the remedies available to victims of deceptive consumer sales under the Deceptive Consumer Sales Act. The judges determined that the lack of the use of “void” or “unenforceable” in the HICA did not mean the General Assembly intended that every contract made in violation of the HICA was automatically void.

“If we were to so hold, Imperial would suffer both a serious and undeserved forfeiture outweighing the other factors,” wrote Judge L. Mark Bailey.

The COA ordered judgment be entered in favor of Imperial for $669.86 and that the small claims court determine the contractual interest due on the contract and if any costs and attorney fees should be awarded.

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  • What is the point?
    If this act is not enforceable, why have it? I have a contractor that has performed to less than industry standards. Our contract consisted of, ill do the work for 500 bucks. I paid a portion prior to the job. I now have to get estimates to repair my floor. Would this contract be void?

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  1. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

  2. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  3. I agree. My husband has almost the exact same situation. Age states and all.

  4. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  5. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

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