Homeowners in Indiana are protected from unscrupulous contractors by a consumer protection statute called the Indiana Home Improvement Act. The statute can be found at I.C. 24-5-11-1. While this statute is designed to protect homeowners, it can be difficult to read and comprehend. One of the more confusing aspects of this statute is that it does not tell the consumer what to do if the contractor they are working with violates the statute. In order for the consumer to take action under the Indiana Home Improvement Act, they must apply Indiana’s Deceptive Practice Act.
Indiana Home Improvement Act
Indiana’s Deceptive Practice Act, which can be found at I.C. 24-5-0.5-1 prohibits many commonly used business practices which are deemed unfair to consumers. Indiana’s Deceptive Practice Act specifically lists violations of Indiana’s Home Improvement Act as being a deceptive practice act. The two acts must be read carefully and followed precisely in order for a consumer to secure the protections both statutes were designed to provide. Unfortunately for most consumers they either don’t know about the protections of these statutes, or they fail to understand how to use them. Consumers and even attorneys who fail to properly apply the law may lose out on some very helpful features hidden in the confusing language of those statutes. Consumers would be well advised to hire an attorney with experience in handling matters that fall under these statutes. If you have had a problem with contractors regarding faulty fire pit additions that have been installed an attorney that is skilled in mechanic liens is advised.
One of the key advantages consumers may gain by properly following these two consumer protection statutes is the right to recover their attorney fees, if they hire a lawyer to enforce their rights. This is a very important advantage in disputes with contractors, because generally litigants in civil lawsuits do not have the right to recover their attorney fees, unless they have a contract which gives them that right or a statute that provides for that specific type of recovery. Since contractors rarely write provisions into their contracts that give homeowners the right to recover their attorney fees, the Indiana Deceptive Practice Act does just that. Having the right to recover attorney fees is a huge advantage in any dispute and that fact can make all the difference where consumers are simply engaged in pre-litigation settlement discussions, and quite obviously after litigation begins.
If you have a dispute with your contractor, be sure to hire a lawyer who knows how to use these statutes to your advantage.
