IC 24-5-11-1 Application of chapter
Sec. 1. This chapter applies only to residential property, which
means real property used in whole or in part as a dwelling of a
consumer and includes all fixtures to, structures on, and
improvements 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 individual
who owns, leases, or rents the residential property that is the subject
of 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 any
alteration, 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 improvement
supplier and a consumer to make a home improvement and for which
the 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 contract
price" means the amount actually charged for the services, materials,
and work to be performed under the home improvement contract but
does 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 costs
not 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 improvement
contracts 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, a
corporation, the state or its subdivisions or agencies, a business trust,
an estate, a trust, a partnership, an association, or a cooperative or
any 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 customarily
used in the home improvement industry as a whole to describe with
particularity the work, workmanship, materials, and quality of
materials 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 a
home improvement, the home improvement contract shall be subject
to obtaining the necessary licenses or permits prior to any work
commencing. 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 a
completed home improvement contract to the consumer before it is
signed by the consumer. Except as provided in subsection (c), the
contract must contain at a minimum the following:
(1) The name of the consumer and the address of the residential
property that is the subject of the home improvement.
(2) The name and address of the home improvement supplier
and each of the telephone numbers and names of any agent to
whom consumer problems and inquiries can be directed.
(3) The date the home improvement contract was submitted to
the consumer and any time limitation on the consumer's
acceptance of the home improvement contract.
(4) A reasonably detailed description of the proposed home
improvements.
(5) If the description required by subdivision (4) does not
include the specifications for the home improvement, a
statement that the specifications will be provided to the
consumer before commencing any work and that the home
improvement contract is subject to the consumer's separate
written and dated approval of the specifications.
(6) The approximate starting and completion dates of the home
improvements.
(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 the
supplier's agent and for each consumer who is to be a party to
the home improvement contract with a legible printed or a typed
version of that person's name placed directly after or below the
signature.
(b) The home improvement contract must be in a form that each
consumer who is a party to it can reasonably read and understand.
(c) If a home improvement contract is entered into as a result of
damage, loss, or expense that is covered, in whole or in part, by the
proceeds of an insurance policy, or damage, loss, or expense for
which a third party is liable, the following conditions and
requirements apply to the contract:
(1) For the purpose of subsection (a)(4) through (a)(7), the
description, completion dates, and statement of contingencies
must be prepared for the proposed home improvements to the
extent that the damage, loss, or expense is reasonably known by
the home improvement supplier.
(2) For the purpose of subsection (a)(4), the requirement that a
reasonably detailed description be included in the contract may
be satisfied with a statement that the subject real estate will be
repaired or restored to the same condition in which the real
estate existed before the damage, loss, or expense occurred, or
to a comparable condition.
(3) For the purpose of subsection (a)(6), the starting and
completion dates may be expressed in terms of the number of
days elapsed from the date when sufficient approval of the
insurance carrier terms allowing for adequate repair or
restoration is obtained.
(4) For the purpose of subsection (a)(8), the consumer may
agree to a contract price expressed in terms of the consumer's
liability for payment after the application of insurance proceeds
or payments from a liable third party.
(5) The consumer may elect, in writing, to authorize the
commencement of work on the home before the consumer
receives complete specifications. However, a consumer who
elects to authorize the commencement of work under this
subdivision is obligated for the home improvements specified
and agreed to by the insurance carrier.
(d) A modification to a home improvement contract is not
enforceable against a consumer unless the modification is stated in
a 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 improvement
contract and before the consumer can be required to make any down
payment, the home improvement supplier must have agreed
unequivocally by written signature to all of the terms of the home
improvement 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 fully
executed copy of the home improvement contract to the consumer
immediately after the consumer signs it. The contract must also show
the 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 be
unreasonably 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 chapter
commits a deceptive act that is actionable by the attorney general or
by a consumer under IC 24-5-0.5-4 and is subject to the remedies and
penalties under IC 24-5-0.5. As added by P.L.251-1987, SEC.3.
IC 24-5-11-1 Application of chapter
Sec. 1. This chapter applies only to residential property, which
means real property used in whole or in part as a dwelling of a
consumer and includes all fixtures to, structures on, and
improvements 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 individual
who owns, leases, or rents the residential property that is the subject
of 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 any
alteration, 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 improvement
supplier and a consumer to make a home improvement and for which
the 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 contract
price" means the amount actually charged for the services, materials,
and work to be performed under the home improvement contract but
does 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 costs
not 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 improvement
contracts 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, a
corporation, the state or its subdivisions or agencies, a business trust,
an estate, a trust, a partnership, an association, or a cooperative or
any 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 customarily
used in the home improvement industry as a whole to describe with
particularity the work, workmanship, materials, and quality of
materials 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 a
home improvement, the home improvement contract shall be subject
to obtaining the necessary licenses or permits prior to any work
commencing. 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 a
completed home improvement contract to the consumer before it is
signed by the consumer. Except as provided in subsection (c), the
contract must contain at a minimum the following:
(1) The name of the consumer and the address of the residential
property that is the subject of the home improvement.
(2) The name and address of the home improvement supplier
and each of the telephone numbers and names of any agent to
whom consumer problems and inquiries can be directed.
(3) The date the home improvement contract was submitted to
the consumer and any time limitation on the consumer's
acceptance of the home improvement contract.
(4) A reasonably detailed description of the proposed home
improvements.
(5) If the description required by subdivision (4) does not
include the specifications for the home improvement, a
statement that the specifications will be provided to the
consumer before commencing any work and that the home
improvement contract is subject to the consumer's separate
written and dated approval of the specifications.
(6) The approximate starting and completion dates of the home
improvements.
(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 the
supplier's agent and for each consumer who is to be a party to
the home improvement contract with a legible printed or a typed
version of that person's name placed directly after or below the
signature.
(b) The home improvement contract must be in a form that each
consumer who is a party to it can reasonably read and understand.
(c) If a home improvement contract is entered into as a result of
damage, loss, or expense that is covered, in whole or in part, by the
proceeds of an insurance policy, or damage, loss, or expense for
which a third party is liable, the following conditions and
requirements apply to the contract:
(1) For the purpose of subsection (a)(4) through (a)(7), the
description, completion dates, and statement of contingencies
must be prepared for the proposed home improvements to the
extent that the damage, loss, or expense is reasonably known by
the home improvement supplier.
(2) For the purpose of subsection (a)(4), the requirement that a
reasonably detailed description be included in the contract may
be satisfied with a statement that the subject real estate will be
repaired or restored to the same condition in which the real
estate existed before the damage, loss, or expense occurred, or
to a comparable condition.
(3) For the purpose of subsection (a)(6), the starting and
completion dates may be expressed in terms of the number of
days elapsed from the date when sufficient approval of the
insurance carrier terms allowing for adequate repair or
restoration is obtained.
(4) For the purpose of subsection (a)(8), the consumer may
agree to a contract price expressed in terms of the consumer's
liability for payment after the application of insurance proceeds
or payments from a liable third party.
(5) The consumer may elect, in writing, to authorize the
commencement of work on the home before the consumer
receives complete specifications. However, a consumer who
elects to authorize the commencement of work under this
subdivision is obligated for the home improvements specified
and agreed to by the insurance carrier.
(d) A modification to a home improvement contract is not
enforceable against a consumer unless the modification is stated in
a 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 improvement
contract and before the consumer can be required to make any down
payment, the home improvement supplier must have agreed
unequivocally by written signature to all of the terms of the home
improvement 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 fully
executed copy of the home improvement contract to the consumer
immediately after the consumer signs it. The contract must also show
the 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 be
unreasonably 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 chapter
commits a deceptive act that is actionable by the attorney general or
by a consumer under IC 24-5-0.5-4 and is subject to the remedies and
penalties under IC 24-5-0.5. As added by P.L.251-1987, SEC.3.
IC 24-5-11-1 Application of chapter
Sec. 1. This chapter applies only to residential property, which
means real property used in whole or in part as a dwelling of a
consumer and includes all fixtures to, structures on, and
improvements 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 individual
who owns, leases, or rents the residential property that is the subject
of 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 any
alteration, 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 improvement
supplier and a consumer to make a home improvement and for which
the 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 contract
price" means the amount actually charged for the services, materials,
and work to be performed under the home improvement contract but
does 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 costs
not 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 improvement
contracts 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, a
corporation, the state or its subdivisions or agencies, a business trust,
an estate, a trust, a partnership, an association, or a cooperative or
any 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 customarily
used in the home improvement industry as a whole to describe with
particularity the work, workmanship, materials, and quality of
materials 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 a
home improvement, the home improvement contract shall be subject
to obtaining the necessary licenses or permits prior to any work
commencing. 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 a
completed home improvement contract to the consumer before it is
signed by the consumer. Except as provided in subsection (c), the
contract must contain at a minimum the following:
(1) The name of the consumer and the address of the residential
property that is the subject of the home improvement.
(2) The name and address of the home improvement supplier
and each of the telephone numbers and names of any agent to
whom consumer problems and inquiries can be directed.
(3) The date the home improvement contract was submitted to
the consumer and any time limitation on the consumer's
acceptance of the home improvement contract.
(4) A reasonably detailed description of the proposed home
improvements.
(5) If the description required by subdivision (4) does not
include the specifications for the home improvement, a
statement that the specifications will be provided to the
consumer before commencing any work and that the home
improvement contract is subject to the consumer's separate
written and dated approval of the specifications.
(6) The approximate starting and completion dates of the home
improvements.
(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 the
supplier's agent and for each consumer who is to be a party to
the home improvement contract with a legible printed or a typed
version of that person's name placed directly after or below the
signature.
(b) The home improvement contract must be in a form that each
consumer who is a party to it can reasonably read and understand.
(c) If a home improvement contract is entered into as a result of
damage, loss, or expense that is covered, in whole or in part, by the
proceeds of an insurance policy, or damage, loss, or expense for
which a third party is liable, the following conditions and
requirements apply to the contract:
(1) For the purpose of subsection (a)(4) through (a)(7), the
description, completion dates, and statement of contingencies
must be prepared for the proposed home improvements to the
extent that the damage, loss, or expense is reasonably known by
the home improvement supplier.
(2) For the purpose of subsection (a)(4), the requirement that a
reasonably detailed description be included in the contract may
be satisfied with a statement that the subject real estate will be
repaired or restored to the same condition in which the real
estate existed before the damage, loss, or expense occurred, or
to a comparable condition.
(3) For the purpose of subsection (a)(6), the starting and
completion dates may be expressed in terms of the number of
days elapsed from the date when sufficient approval of the
insurance carrier terms allowing for adequate repair or
restoration is obtained.
(4) For the purpose of subsection (a)(8), the consumer may
agree to a contract price expressed in terms of the consumer's
liability for payment after the application of insurance proceeds
or payments from a liable third party.
(5) The consumer may elect, in writing, to authorize the
commencement of work on the home before the consumer
receives complete specifications. However, a consumer who
elects to authorize the commencement of work under this
subdivision is obligated for the home improvements specified
and agreed to by the insurance carrier.
(d) A modification to a home improvement contract is not
enforceable against a consumer unless the modification is stated in
a 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 improvement
contract and before the consumer can be required to make any down
payment, the home improvement supplier must have agreed
unequivocally by written signature to all of the terms of the home
improvement 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 fully
executed copy of the home improvement contract to the consumer
immediately after the consumer signs it. The contract must also show
the 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 be
unreasonably 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 chapter
commits a deceptive act that is actionable by the attorney general or
by a consumer under IC 24-5-0.5-4 and is subject to the remedies and
penalties under IC 24-5-0.5. As added by P.L.251-1987, SEC.3.
