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Company that violated HICA not entitled to attorney fees

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Because a company hired to provide water remediation services for a homeowner did not comply with the Indiana Home Improvement Contract Act, it is not entitled to recover attorney fees on its complaint against the homeowner after he didn’t pay the full amount billed.

Vincent Cullers hired First Response Services when discovering water in his basement after being away from home for several days. A company representative came to the house and discussed removing the carpet and pad from the basement, but no contract or estimate was given at that time. The next day a dumpster was delivered that Cullers did not expect. First Response employees arrived and began removing carpet. While they were working, an employee gave Cullers two documents to sign: a “Third Party Work Authorization” form and a “Customer Communication/Work Authorization” form listing.  The Third Party Work Authorization form mentions that Cullers is responsible for anything that is not covered by his insurer.

He signed the papers and left while work was being performed. When he returned, he found drying equipment in the basement, which he didn’t authorize. He contacted First Response to pick up the equipment and offered the company $1,200, which the company declined. It sent him an invoice for $7,722.43. He refused to pay more than $1,200, leading to this litigation.

The trial court found First Response violated the HICA by failing to provide Cullers a contract that included a reasonably detailed description of the proposed home improvements, the home improvement contract price, and starting and completion dates. There is a contractual obligation for Cullers to pay for First Response’s services, but because of the HICA violations, Cullers is only responsible for nearly half the amount First Response billed.

The trial court denied First Response’s request for attorney fees.

First Response argued that the contract was modified by I.C. 24-5-11-10(c) dealing with a contract entered into involving damages covered by an insurance policy. But there’s no evidence that Cullers was asked if his insurance would cover part of the cost or if he had contacted his insurance agent about coverage.

“It cannot have been the intent of the legislature to allow a company to routinely circumvent the strict requirements of the statute by simply obtaining information about the fact of insurance without also inquiring into whether the insurance would actually cover the work,” Judge Margret Robb wrote. “This is especially true given that a contract with the modified requirements is allowed by the terms of the statute if the work ‘is covered’ by insurance, not ‘if the consumer has insurance,’ or if the work ‘might be covered.’”

The two documents in this case needed to comply with the requirements of subsection (a) of HICA, and the contract failed in several respects, specifically with respect to a reasonably detailed description of the proposed home improvements and a price. As a result, First Response is not entitled to attorney fees.

The case is First Response Services, Inc. v. Vincent A. Cullers (Vincent A. Cullers Counterclaim Plaintiff v. First Response Services, Inc. Counterclaim Defendant), 41A01-1305-PL-224.
 

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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