CHAPTER 11. HOME IMPROVEMENT CONTRACTS
IC 24-5-11
Chapter 11. Home Improvement Contracts
IC 24-5-11-1
Application of chapter
Sec. 1. This chapter applies only to residential property, whichmeans real property used in whole or in part as a dwelling of aconsumer and includes all fixtures to, structures on, andimprovements to the real property.
As added by P.L.251-1987, SEC.3.
IC 24-5-11-2
"Consumer" defined
Sec. 2. As used in this chapter, "consumer" means an individualwho owns, leases, or rents the residential property that is the subjectof a home improvement contract.
As added by P.L.251-1987, SEC.3.
IC 24-5-11-3
"Home improvement" defined
Sec. 3. As used in this chapter, "home improvement" means anyalteration, repair, or other modification of residential property.
As added by P.L.251-1987, SEC.3.
IC 24-5-11-4
"Home improvement contract" defined
Sec. 4. As used in this chapter, "home improvement contract"means an agreement, oral or written, between a home improvementsupplier and a consumer to make a home improvement and for whichthe contract price exceeds one hundred fifty dollars ($150).
As added by P.L.251-1987, SEC.3.
IC 24-5-11-5
"Home improvement contract price" defined
Sec. 5. As used in this chapter, "home improvement contractprice" means the amount actually charged for the services, materials,and work to be performed under the home improvement contract butdoes not include financing costs, loan consolidation amounts, taxes,and governmental fees paid by or on behalf of the consumer,amounts returned to or on behalf of the consumer, or similar costsnot related to the home improvement.
As added by P.L.251-1987, SEC.3.
IC 24-5-11-6
"Home improvement supplier" defined
Sec. 6. As used in this chapter, "home improvement supplier"means a person who engages in or solicits home improvementcontracts whether or not the person deals directly with the consumer.
As added by P.L.251-1987, SEC.3.
IC 24-5-11-7
"Person" defined
Sec. 7. As used in this chapter, "person" means an individual, acorporation, the state or its subdivisions or agencies, a business trust,an estate, a trust, a partnership, an association, or a cooperative orany other legal entity.
As added by P.L.251-1987, SEC.3.
IC 24-5-11-8
"Specifications" defined
Sec. 8. As used in this chapter, "specifications" means the plans,detailed drawings, lists of materials, or other methods customarilyused in the home improvement industry as a whole to describe withparticularity the work, workmanship, materials, and quality ofmaterials for each home improvement.
As added by P.L.251-1987, SEC.3.
IC 24-5-11-9
License or permit as prerequisite
Sec. 9. Where a license or permit is necessary for any part of ahome improvement, the home improvement contract shall be subjectto obtaining the necessary licenses or permits prior to any workcommencing.
As added by P.L.251-1987, SEC.3.
IC 24-5-11-10
Contract requirements
Sec. 10. (a) The home improvement supplier shall provide acompleted home improvement contract to the consumer before it issigned by the consumer. Except as provided in subsection (c), thecontract must contain at a minimum the following:
(1) The name of the consumer and the address of the residentialproperty that is the subject of the home improvement.
(2) The name and address of the home improvement supplierand each of the telephone numbers and names of any agent towhom consumer problems and inquiries can be directed.
(3) The date the home improvement contract was submitted tothe consumer and any time limitation on the consumer'sacceptance of the home improvement contract.
(4) A reasonably detailed description of the proposed homeimprovements.
(5) If the description required by subdivision (4) does notinclude the specifications for the home improvement, astatement that the specifications will be provided to theconsumer before commencing any work and that the homeimprovement contract is subject to the consumer's separatewritten and dated approval of the specifications.
(6) The approximate starting and completion dates of the homeimprovements.
(7) A statement of any contingencies that would materially
change the approximate completion date.
(8) The home improvement contract price.
(9) Signature lines for the home improvement supplier or thesupplier's agent and for each consumer who is to be a party tothe home improvement contract with a legible printed or a typedversion of that person's name placed directly after or below thesignature.
(b) The home improvement contract must be in a form that eachconsumer who is a party to it can reasonably read and understand.
(c) If a home improvement contract is entered into as a result ofdamage, loss, or expense that is covered, in whole or in part, by theproceeds of an insurance policy, or damage, loss, or expense forwhich a third party is liable, the following conditions andrequirements apply to the contract:
(1) For the purpose of subsection (a)(4) through (a)(7), thedescription, completion dates, and statement of contingenciesmust be prepared for the proposed home improvements to theextent that the damage, loss, or expense is reasonably known bythe home improvement supplier.
(2) For the purpose of subsection (a)(4), the requirement that areasonably detailed description be included in the contract maybe satisfied with a statement that the subject real estate will berepaired or restored to the same condition in which the realestate existed before the damage, loss, or expense occurred, orto a comparable condition.
(3) For the purpose of subsection (a)(6), the starting andcompletion dates may be expressed in terms of the number ofdays elapsed from the date when sufficient approval of theinsurance carrier terms allowing for adequate repair orrestoration is obtained.
(4) For the purpose of subsection (a)(8), the consumer mayagree to a contract price expressed in terms of the consumer'sliability for payment after the application of insurance proceedsor payments from a liable third party.
(5) The consumer may elect, in writing, to authorize thecommencement of work on the home before the consumerreceives complete specifications. However, a consumer whoelects to authorize the commencement of work under thissubdivision is obligated for the home improvements specifiedand agreed to by the insurance carrier.
(d) A modification to a home improvement contract is notenforceable against a consumer unless the modification is stated ina writing that is signed by the consumer.
As added by P.L.251-1987, SEC.3. Amended by P.L.119-2001,SEC.1.
IC 24-5-11-11
Signature of supplier
Sec. 11. Before the consumer signs the home improvementcontract and before the consumer can be required to make any down
payment, the home improvement supplier must have agreedunequivocally by written signature to all of the terms of the homeimprovement contract.
As added by P.L.251-1987, SEC.3.
IC 24-5-11-12
Consumer's copy of dated contract
Sec. 12. The home improvement supplier shall give a fullyexecuted copy of the home improvement contract to the consumerimmediately after the consumer signs it. The contract must also showthe dates the supplier and each consumer executed the contract.
As added by P.L.251-1987, SEC.3.
IC 24-5-11-13
Approval by consumer
Sec. 13. Any approval required by this chapter shall not beunreasonably withheld by the consumer.
As added by P.L.251-1987, SEC.3.
IC 24-5-11-14
Violation; penalties
Sec. 14. A home improvement supplier who violates this chaptercommits a deceptive act that is actionable by the attorney general orby a consumer under IC 24-5-0.5-4 and is subject to the remedies andpenalties under IC 24-5-0.5.
As added by P.L.251-1987, SEC.3.