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FEBRUARY 6, 2023 REPORT #2

Remodeling Cspa Slippery Slope Expands To Fifth District

In addition to the recent opinion by the Eleventh District Court of Appeals, another case even further expanding this decision was decided last week in the 5th District Court of Appeals. The Fifth District decision cites the Beder Case, by stating, “the 11th District found the CSPA and not the HSCCA applies to a home remodeling contract as the CSPA applies to transactions involving an already-existing construction and the HSCCA applies to new constructions. The 5th District goes on to say, “the addition of the swimming pool and improvement of the existing concrete deck at Tomlinson's home was an improvement to an already-existing home. Accordingly, we find the transaction covered by the CSPA and not the HSCCA.”

The Fifth District presides over Ashland, Coshocton, Delaware, Fairfield, Guernsey, Holmes, Knox, Licking, Morgan, Morrow, Muskingum, Perry, Richland, Stark and Tuscarawas counties in Ohio.

Any decision coming out of the 11th District would be binding on those counties: Ashtabula, Geauga, Lake, Portage and Trumbull.

The builder/remodeler in the Beder case has appealed to the Ohio Supreme Court, and OHBA submitted a Memorandum in Support of Jurisdiction asking the Court to take the case. Toll Free - 800-282-3403