Worch Lumber, Inc. v. Fetzer

Summary

The Ohio Second District Court of Appeals affirmed the Darke County Common Pleas Court’s partial summary judgment for Worch Lumber, Inc. in a dispute over improvements to an existing residence. The court held that the version of the Home Construction Service Suppliers Act in effect before September 20, 2024 did not cover repairs, improvements, remodels, or renovations to existing homes, and therefore did not apply to the parties’ 2023 transaction. The court overruled Fetzer’s sole assignment of error.

Holdings

1. The trial court's partial summary judgment order was a final, appealable order because it completely disposed of Fetzer's HCSSA-related counterclaims and qualified under R.C. 2505.02(B)(1) and, alternatively, R.C. 2505.02(B)(2); the trial court's Civ.R. 54(B) certification was appropriate.
2. Under the original version of R.C. 4722.01(B), the term "home construction service" referred to construction of a new residential building and did not include repairs, improvements, remodels, or renovations to an existing home.
3. The amended definition of "home construction service" applies only to home construction service contracts entered on or after September 20, 2024, because the amendment contains no express statement of retroactivity.
4. Because Fetzer's 2023 transaction concerned improvements and renovations to an existing home rather than construction of a new home, it was not a home construction service contract under the original HCSSA, and Fetzer could not prevail on her HCSSA-related counterclaims.

Questions Presented

1. Whether the original version of the Home Construction Service Suppliers Act applied to contracts for improvements and renovations to an existing home.
2. Whether the trial court properly granted Worch partial summary judgment on Fetzer's HCSSA-related counterclaims.
3. Whether the appellate court had jurisdiction to review the certified summary judgment order.

Disposition

affirmed