September 09, 2010
Home | About Construction Contract Writer | Buy It Now | Try It Now
<< Back to U.S. Map
Penalties for using an illegal construction contract in Indiana:
  • A home improvement contract that does not comply with Indiana Code § 24-5-11 can not be enforced against the property owner and entitles the property owner to recover three times actual damages plus attorney fees. Non-compliance is also a deceptive practice under Indiana's consumer fraud statute and makes the contractor liable for a fine of up to $5,000.
  • Failure to include the notice required by Indiana Code § 32-27-3-12 (opportunity to repair) forfeits the right to invoke claim settlement procedures available under Indiana law.
  • Failure to comply with Indiana Code § 24-5-10 (home solicitation) is a class C infraction punishable by a $500 fine. An owner injured by a deceptive contract may collect damages up to $500. A willful deceptive act can make the contractor liable for three times actual damages or $1,000, whichever is greater, plus attorney fees.
  • Failure to include the disclaimer statement in Indiana Code § 32-27-1-12 (home improvement) or § 32-27-2-8 (new home construction) results in an implied warranty of workmanlike construction or habitability.
  • Violation of Indiana Code § 35-43-6 (home improvement fraud) is class A misdemeanor punishable by up to a year in jail and a $5,000 fine.
  • Any attempt to waive lien rights in a non-residential contract may be void under Indiana Code § 32-28-3-16.
  • Indiana Code § 20-2-5-1 voids any clause in a construction contract which requires indemnity of someone for their sole negligence.
  • Omission of federal truth in lending disclosures required by 15 United States Code § 1638 makes the creditor liable for both the overcharge and the debtor's attorney fees.
  • Omission of disclosures required by 12 Code of Federal Regulations § 226.15 extends the right of rescission to three years (rather than three days).
  • Omission of insulation disclosures required by 16 Code of Federal Regulation § 460 can result in an $11,000 fine.
The contracts linked below will help Indiana contractors avoid these penalties by complying with state and federal law.
The contracts linked below also comply with current Indiana and federal court decisions.

Indiana Construction Contracts Available Now
Title Bias Contract Type Page Length
IN Commercial Construction I Light bias in favor of the contractor. Prime 37
IN Commercial Construction II Light bias in favor of the owner. Prime 16
IN Commercial Repair Neutral. Prime 21
IN Commercial Subcontract I Light bias in favor of the subcontractor. Subcontract 33
IN Commercial Subcontract II Light bias in favor of the contractor. Subcontract 17
IN Custom Home I Light bias in favor of the contractor. Prime 20
IN Custom Home II Light bias in favor of the owner. Prime 27
IN Home Improvement I Moderate bias in favor of the contractor. Prime 27
IN Home Improvement II Moderately favors the owner. Prime 31
IN Home Repair I Heavy bias in favor of the contractor. Prime 11
IN Home Repair II Heavy bias in favor of the owner. Prime 20
IN Pool Neutral. Prime 20
IN Public Works Subcontract Moderate bias in favor of the contractor. Subcontract 38
IN Residential Subcontract I Light bias in favor of the subcontractor. Subcontract 15
IN Residential Subcontract II Light bias in favor of the contractor. Subcontract 21
IN Tenant Improvement Neutral. Prime 16
©2010 Craftsman Book Company