In an apparent issue of first impression, an Armstrong County judge has ruled that the construction of an addition to a house may be a “home improvement” and therefore governed by the Home Improvement Consumer Protection Act of 2009.
Common Pleas Court Judge Kenneth G. Valasek’s ruling came down in a residential construction lawsuit in which the homeowners paid a number of additional invoices amounting to more than double their initial contract for an addition to their Freeport, Pa., home. When Phillip and Linda Gelacek filed suit for breach of contract, the defendant contractor Mark Lunz countersued, arguing the parties had a construction contract agreement that was governed by the Contractor and Subcontractor Payment Act.
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