FLB Wins Home Improvement Consumer Protection Act Case


Shareholder Joshua A. Gildea successfully represented a local contractor in a recent Home Improvement Consumer Protection Act (HICPA) case. While this act was designed to protect consumers, the law still protects contractors and home improvement professionals who construct home improvements. 

Mr. Gildea’s client, a contractor, was hired by homeowners to construct improvements to their home. Regrettably, the contractor failed to obtain a signed contract in compliance with HICPA. As a consequence, the homeowners had a right to rescind their agreement. In the meantime, however, the contractor had diligently and competently done all that had been asked of him. This included not only construction in accordance with the plans and the estimate he provided, but also numerous upgrades, revisions and changes to the original quote by the homeowners. 

The plaintiffs stated the increased charges – for changes and modifications they requested – were unwarranted and unjustified. Invoking the right of rescission, they terminated the contractor and hired another contractor to finish the job. Then they demanded all their money back, filing suit against the contractor. 

Well versed in construction litigation and HICPA, Mr. Gildea represented the contractor in a trial, which was interrupted several months due to the Court’s schedule. When the record was complete, the Judge finally rendered his opinion. Under the law, as correctly applied by the Court, a homeowner may have a right of rescission; however the contractor has the right to assert a claim for the value of the work performed. 

FLB’s client was awarded the unpaid value of the work he had completed. The homeowners recovered the costs to complete the project, but the net was a recovery by the contractor, with zero dollars payable to the plaintiffs. 

Understanding the Home Improvement Consumer Protection Act is important, as construction projects can go wrong and be complex. At FLB, our experienced Litigation & Trial Practice attorneys in Allentown, PA are dedicated to delivering the favorable resolutions and solutions our clients seek, while ensuring their needs and objectives are met.

If you are in need of representation in a HICPA case or other litigation matter, please reach out to our team! 

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