However, they also have the right to defend themselves and their businesses against these claims when the allegations are false or unreasonable.
Potential reasons for allegations and legal action include, but are not limited to, the following:
- Home addition defects;
- Bathroom remodel defects;
- Kitchen remodel defects;
- Home repair fraud; and
- Home improvement scams.
Defective Home Improvement Claims
Remodeling or otherwise upgrading a home or other property is rewarding but, unfortunately, fraught with danger. Defects in workmanship or materials threaten the owner’s investment and put the contractor’s or supplier’s reputation at risk.
The construction lawyers at PODLASKI LLP help clients throughout Indiana with legal matters related to problems like these:
- Foundation defects;
- Structural defects;
- Defects in workmanship;
- Defects in materials;
- Plumbing system problems;
- Electrical issues;
- Improper installation of heating, cooling, and ventilation systems;
- Defects in roofing systems;
- Mold that results from construction defects;
- Errors that result in removal, replacement, or repair of materials or systems;
- Negligence
- Legal responsibility for general delays;
- Legal responsibility for problems with site conditions;
- Permitting problems;
- Schedule delays or disputes;
- Excusable versus inexcusable delays;
- Supply delays;
- Liquidated damages provisions or clauses in contracts;
- Notice requirements; and
- Contract termination, when necessary.
Tips for Homeowners on Remodeling / Building Projects
The areas of home building and remodeling are particularly ripe with disputes. Purchasing and/or remodeling a home is one of the single largest expenses you can expect to incur during your lifetime. Homeowners should keep these tips in mind when entering these transactions.
Importantly, the Indiana Legislature has passed several laws to protect homeowners to name a few:
- Home Improvement Contract Act (HICA): Governs remodeling projects, requiring a written contract with specific details like estimated start/completion dates and a clear scope of work;
- Construction Warranty Act (CWA) : Act for substantially completed or completed home construction requires builders to provide statutory empowered warranties, if not properly waived or negated:
- 2 Years: Protection against defects in workmanship or materials (including electrical and plumbing).
- 4 Years: Protection against roof defects.
- 10 Years: Protection against major structural defects.
- Deceptive Consumer Sales Act (DCSA): This enforces HICA and CWA, enables homeowners to obtain enhanced damages and reimbursement of attorneys’ fees, and provides for contract recission or termination in certain circumstances.
These statutes generally require the homeowner to provide the builder notice and an opportunity to cure allowing the builder to offer a fix, before a homeowner can sue for defects.
Get It In Writing, Take Photographs, and Preserve Everything
HICA is a consumer protection statute that imposes certain minimum requirements on contractors engaging in all types of home improvement, from plumbing and electrical work to interior remodeling.
Under HICA, contractors must provide the homeowner with a written contract containing certain terms, including the following:
- The name, address, email, and phone number of the person responsible for the work
- The estimated start and completion dates
- A reasonably detailed description of the work to be done
- Signature blocks for both the contractor and the consumer
- The contract price
- Notice as to whether or not any of the work will be subcontracted
If your contract is missing any one of these required provisions, the contract is in violation of HICA, and you may have a cause of action against the contractor.
Homeowners and contractors must share a clear, detailed understanding of the work to be performed. Although HICA requires a reasonably detailed description in the contract, the safest approach for homeowners is to specify every aspect of the work they expect the contractor to complete. For example, hiring a painter to paint the interior of a home does not automatically mean the painter intends to handle all surface preparation, such as caulking cracks, repairing nail pops, or sanding trim.
While it may seem reasonable to assume that prep work is included, the homeowner should discuss these details with the contractor and confirm agreement. To avoid disputes about whether the contract was breached, all expectations should be documented in writing before the project begins, and in some cases, homeowners may benefit from contract writing services to ensure nothing is overlooked.
Litigation arises when communication between the homeowner and contractor breaks down. A contractor may claim they were removed from the job, while the homeowner insists the contractor abandoned the project. For this reason, homeowners should carefully document the status of the work with written notes and photographs, and preserve all emails, texts, and other communications.
Get More than One Estimate
Most homeowners choose contractors based on referrals, and while this approach can be helpful, it doesn’t always guarantee the best outcome. Regardless of how you find a contractor, it’s essential to obtain multiple bids and speak with each candidate about your expectations and project goals. A successful project depends on the homeowner and contractor working as partners toward the same objective, which requires clear alignment from the very beginning. Knowing what you want to achieve also enables you to ask more informed questions and evaluate each contractor more effectively
If you are a homeowner or a contractor in need of legal advice, contact PODLASKI LLP 260.222.2902.
