A Contractor’s Guide to the Indiana Home Improvement Contracts Act (HICA)
If you’re a contractor performing residential work in Indiana, the Indiana Home Improvement Contracts Act (HICA) isn’t optional reading. Compliance with the statute is mandatory pursuant to Indiana Law. The statute is designed to protect homeowners, but in practice it also protects contractors who follow it by creating clear expectations, reducing disputes, setting expectations, and limiting liability.
HICA generally applies to agreements between a contractor and a homeowner for repairs, renovations, or improvements to a residential property totaling over $150. This includes common projects like roofing, siding, remodeling, and similar work performed on owner-occupied homes. It does not apply to new construction.
The most important takeaway is simple: get it in writing. HICA requires a written home improvement contract for applicable projects, and that contract must include specific information.
A compliant HICA contract must typically include:
- The contractor’s name, address, and e-mail
- Contact information for each owner, officer, employee, or agent where problems and inquires can be directed
- The address where the work is to be performed
- The name of the consumer
- A reasonably detailed description of the work to be performed
- The total contract price (or a clear method for calculating it)
- A payment schedule
- The date the contract is presented and any deadlines for acceptance
- Estimated start and completion dates
- A list of contingencies that can impact the completion of work
- A statement of whether subcontractors, vendors, or others will supply labor or materials
- A signature from both the homeowner and contractor
Additional requirements may apply if insurance proceeds are involved.
Failing to include these elements can render the contract noncompliant, which may limit your ability to enforce the contract. In addition, the contractor may then be responsible for the homeowner’s attorney fees and treble damages.
These damages however are easily avoided by drafting a HICA compliant contract from the start and monitoring the law, yearly, for any updates.
This article is for informational purposes only and does not constitute legal advice.
