First Response Services, Inc. v. Vincent A. Cullers (Vincent A. Cullers Counterclaim v. First Response Services, Inc. Counterclaim Defendant)
7 N.E.3d 1016
Ind. Ct. App.2014Background
- First Response provided water remediation for Cullers and charged $7,722.43; Cullers did not pay.
- Trial court held the contract was governed by HICA and violated 24-5-11-10(a) by omitting a reasonably detailed description and contract price.
- Two signed documents—the Third Party Work Authorization and the Customer Communication/Work Authorization—constituted the contract but omitted required details.
- No initial estimate was provided; Cullers claimed he expected an estimate before work began.
- Court found Cullers owed $3,780.38 for services; it denied attorney fees because of the HICA violation.
- First Response appeals arguing the contract satisfied HICA or that subsection (c) allowed modified terms; Cullers argues strict HICA compliance bars fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court properly denied attorney fees under HICA. | First Response argues the contract complied or subsection (c) applies. | Cullers contends HICA requirements were not met, so no fees. | Yes; contract failed to meet HICA, so fees were denied. |
Key Cases Cited
- Benge v. Miller, 855 N.E.2d 716 (Ind. Ct. App. 2006) (statutory protections of consumers under HICA; strict standard)
- Homer v. Burman, 743 N.E.2d 1144 (Ind. Ct. App. 2001) (strict compliance standard under HICA)
- Smith v. Dermatology Assocs. of Ft. Wayne, P.C., 977 N.E.2d 1 (Ind. Ct. App. 2012) (burden on appellant in non-jury trial; standard of review)
- Baird v. ASA Collections, 910 N.E.2d 780 (Ind. Ct. App. 2009) (two-tiered standard when findings of fact are requested)
- Laflamme v. Goodwin, 911 N.E.2d 660 (Ind. Ct. App. 2009) (standard of review for trial-court findings)
