What an Indiana painting contract must include

The law, briefly

The rules are in Indiana Code 24-5-11, usually called the Home Improvement Contracts Act. It covers any alteration or repair to a home with one to four units, inside or out, when the price is over $150. Painting isn't named in the statute, and it fits the definition. Renters are covered as well as owners.

The contractor has to give you the finished contract before you sign it, in a form you can reasonably read and understand. A painter who does business on a handshake above $150 is not following state law, however good the work is.

The ten things the contract has to contain

1. Your name and the address of the house
2. The contractor's name, address and email, and the name, phone number and email of each person you can take questions or problems to
3. The date the contract was given to you, and any deadline for accepting it
4. A reasonably detailed description of the work
5. If the specifications aren't in that description, a statement that you will get them before work starts and that the contract depends on your written approval of them
6. Approximate start and finish dates
7. Anything that could materially change the finish date. For an exterior, that is weather.
8. The contract price
9. Whether a subcontractor or other third party will supply any of the labor or materials
10. Signature lines for the contractor and for you, with each name printed under the signature

What "reasonably detailed" should mean for paint

The statute stops at "reasonably detailed." For a painting job, these are the details that prevent arguments later:

Line	What to look for
Surfaces	Exactly what gets painted: siding, trim, soffits, doors, shutters, which rooms, ceilings or not
Prep	Washing, scraping, sanding, patching, caulking and priming, each named
Paint	The brand, the product line and the sheen, and who picks the colors by when
Coats	The number of finish coats, and where primer goes
Repairs	How rotted wood or bad drywall found during the job gets priced
Older homes	On a pre-1978 house, that lead-safe practices will be used when old paint is disturbed
Payment	The deposit, if any, and when the balance is due

Your three business days

Since July 2017, every contract under this law carries a right to cancel. You can cancel any time before midnight on the third business day after the contract is signed. The contractor has to attach a "Notice of Cancellation" form, in duplicate, for you to use. You can mail it, deliver it or email it, and a mailed notice counts from the day it is postmarked.

After a cancellation, the contractor has to return your deposit. The printed notice allows for amounts you owe for work already done, so a painter may reasonably wait out the three days before starting.

Signatures, deposits and changes

• The contractor signs first. Under section 11 of the law, the contractor has to agree to the terms in writing before you sign and before you can be required to make any down payment.
• You get a copy on the spot. A fully signed copy, showing the dates both of you signed, is yours immediately after you sign.
• Changes go in writing. A change to the contract can't be enforced against you unless it is written down and you have signed it. That covers the "while we're here" extras.
• No set deposit. The law doesn't name a deposit amount. A down payment of 20% to 30% is common nationally.

If something goes wrong

A contractor who breaks this law has committed a deceptive act under Indiana's consumer protection statute. You can file a complaint with the Indiana Attorney General's Consumer Protection Division, and the law also allows a homeowner to bring their own claim. This page is general information. For a dispute over a specific contract, talk to an Indiana attorney.

Painters who work through Fort Wayne Paint Works are independent contractors, and the contract you sign is with them. Prices to expect are in the Fort Wayne house painting cost guide.