Piikkila v. Loritz
Court of Appeals of Wisconsin · 2004-02-17
In Piikkila v. Loritz, a homeowner sued a contractor over entitlement to an insurance check for hail damage repairs on his home, where the check was made payable to both parties. The trial court awarded the check proceeds to the homeowner because an alleged oral agreement for the contractor to receive extra funds violated the Home Improvement Law requiring written contracts. The Court of Appeals affirmed this but upheld the denial of double damages and attorney fees, reasoning that the homeowner suffered no pecuniary loss caused by the contractor and that the contractor had a good-faith belief in his claim based on the oral agreement.