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Court

Contractor and Construction Law

Mechanic's Liens

Indiana law gives the contractor or materials supplier that isn’t getting paid a powerful tool with the mechanic’s lien. This allows the contractor or materials supplier to assert a lien against the real estate that their labor and materials have improved. However, the statute that provides this tool has some very technical requirements that must be followed or the lien won’t be effective, such as an accurate description of the parties involved and the particular real estate that was improved. Also, there are strict time limits for asserting your lien so if you suspect you are going to have problems getting paid on a job, don’t wait too long to explore this option. Another tool the law provides subcontractors and suppliers is the Personal Liability Notice. This is a notice issued to the owner that can cause the owner to be liable for the unpaid amounts if it pays those to the general contractor instead. If you are a contractor or supplier needing an Indianapolis mechanic’s lien attorney, contact B&B.

Indiana Home Improvement Contract Act

Many residential contractors are unaware of the Indiana Home Improvement Contract Act. HICA is an Indiana consumer protection law that requires those supplying home improvement services to have a written contract with the consumer that contains a number of specific items, including a cancelation period. There are additional requirements if insurance is paying for any of the work. Violating HICA is a deceptive act under Indiana’s Deceptive Consumer Sales Act and can result in the contract being rescinded, voided, or the improvement supplier having to pay the consumer’s attorney fees. If the home improvement supplier files a collection action and didn’t have a written contract that complies with HICA, the consumer may well file a counterclaim. Many home improvement contractors are accustomed to using simple invoices or bid quotes the homeowner signs that are not going to comply. If you provide home improvement services and you want an attorney to help your home improvement contracts to comply with the law, contact B&B.

Breach of Contract

Different construction contracts may deal with the same general set of points, but they don’t all look alike. Some are fairly short and some can be breathtakingly long. A short contract might seem appealing but it might not contain some items you assumed were there. For the longer contract, deciphering walls of text can be daunting. Despite the name, the contractor makes its living working the job, not figuring out the legal language. If you are in a contract dispute or wondering what a specific contract means for you and want to talk to a construction law attorney, contact B&B.

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