Homer v. Burman Brief

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DAVE HOMER and ANNETTE HOMER, Appellants-Plaintiffs, vs. J.M. BURMAN, d/b/a BURMAN ELECTRIC SERVICE, Appellee-Defendant. COURT OF APPEALS OF INDIANA, SECOND DISTRICT 743 N.E.2d 1144; 2001 FACTS Homers hired Burman to perform electrical work on their rental property. Initially the work was just for an electrical box but following tenants’ complaints of malfunctioning lights Burman was hired to rewire the whole house. The Homers paid Burman Electric $2,650.00 to complete the project. During the project problems arose. First, when power was reconnected to the house, Clevenger's "T.V., VCR, [her] son's Playstation," and her satellite receiver were destroyed. Appliances repeatedly burnt out, holes from drilling were left uncovered on the ceiling, the furnace was not reconnected, and plaster was damaged around outlets. Additionally there were exposed wires not rated for outdoor use going from the attic down aluminum siding to the porch. A building inspector came to look over the property and found that no permit had been issued and that the outdoor wiring was not consistent with the electrical building code. In court the Homers showed various photographic evidence documenting the poor work and Burman admitted that the required building permit was not obtained before rewiring the house and that the house did not pass inspection. Mr. Burman also admitted that he was unaware of the Indiana Home Improvement Contracts Act ("the Act"), and he did not provide the Homers with a home improvement contract. Additionally, Mr. Homer testified that he received an estimate of $ 2,500.00 from Dick Garriott, another electrician, to repair the work done by Burman Electric. He also testified that because the house could not be occupied, he had lost two months rental income at a rate of $ 300 per month. The lower court entered judgment against the Homers. ISSUE Whether the

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