# Hayes v. Chapman

> Indiana Court of Appeals · October 16, 2008 · 894 N.E.2d 1047

URL: https://www.frixlaw.com/law-library/cases/9518719

## Case

- **Full name:** John D. HAYES, Stacy R. Hayes, and Old National Bancorp, Appellants-Defendants, v. Robert Lee CHAPMAN, Jr., Appellee-Plaintiff
- **Court:** Indiana Court of Appeals
- **Decided:** October 16, 2008
- **Citations:** 894 N.E.2d 1047; 2008 Ind. App. LEXIS 2264; 2008 WL 4594114
- **Precedential status:** Published
- **Opinion:** Concurring in part by Kirsch
- **Judges:** Baker, Crone, Kirsch
- **Cited by:** 20 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9518719

## How later opinions describe it (automated extraction)

- affirming the trial court’s grant of prejudgment interest where damages were based on clearly ascertainable statements of time spent and materials purchased

## Opinion text

KIRSCH, Judge,
concurring in part and dissenting in part.
I concur with the decision of my colleagues to affirm the decision of the trial court on the plaintiffs complaint, but I respectfully dissent from their decision affirming the trial court’s order denying relief on the defendants’ counterclaim.
I do not believe that a breach of the Home Improvement Contract Act (HICA) is subject to the provisions of IC 24-5-0.5-2(a)(8) and must be either uncured or incurable. The relevant section in HICA (IC 24-5-11-14) says that failing to provide a written contract is a deceptive act that is actionable under IC 24-5-0.5-4 and “is subject to the penalties under IC 24-5-0.5.” No mention is made of cure on incurability.
I believe that imposing the cure provisions undermines HICA’s purposes and its requirement of written contract for home improvement projects. A home improvement contractor could escape liability (as here) by simply proceeding without a written contract unless the homeowners give notice at which time the contractor could cure the deceptive act by tendering a written contract.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9518719. Public record. Not legal advice.