b'Legally SpeakingAMICUS CURIAE LEGAL BRIEF FILED IN IOWACONSUMER CREDIT TRANSACTIONS AND ROOFING CONTRACTSby: Lucas A. Strakowski, Auman, Mahan & FurryT he MRCA Board of Directors recentlytrial court ruling was not correct for multiple reasons, and engagedMRCAgeneralcounsel,hopes the Iowa Supreme Court will overrule the trial court.Auman, Mahan & Furry (Gary Auman and Lucas Strakowski), and Iowa attorneyThe facts of the case likely sound familiar.The contractor Alan Ostergren to file an amicus curiaeworkedonthehomeownersdamagedroof.The brief (aka friend of the court brief) withhomeowners insurance was to be used to pay for the work. the Iowa Supreme Court in a case pendingUnder the contract, payment in full was due to the contractor before it that is of significance to roofing contractors. upon completion of the job.If the homeowner did not pay The case is Degeneffe v. Home Pride Contractors, Iowaon time, the homeowner would be in breach and would Supreme Court Case No. 23-1510.This case is an appealbe subject to a late fee and default interest until payment of an Iowa trial court decision that, in a nutshell, incorrectlyis made.This is a common contract provision providing held that the roofing contractors contract amounted toa contractual remedy to the contractor for breach/late an extension of consumer credit because the contractpayment, and not an extension of credit to the homeowner contained a common provision providing for a late chargewhere the homeowner is allowed to pay over time.The if the homeowner does not pay on time.MRCA decided tocontractor finished the job and the insurance company get involved because, if the trial courts erroneous decisionpaid the homeowners.However, the homeowners did is allowed to stand, it would lay a trap for roofing contractorsnot pay the contractor and collection efforts ensued.The working for homeowners in Iowa.It would also set badhomeowners ended up suing the contractor alleging the precedent and be at odds with rulings in other states oncontractor violated Iowas Consumer Credit protection the same issue.statute (the ICCC for short) in trying to collect the money owed. Inthebrief,MRCAarguedthetrialcourtincorrectlyTheICCCismodeledaftertheUniformConsumer interpreted the contract under Iowa law.MRCA alsoCredit Code (the UCCC for short).Eleven states have showed the Iowa Supreme Court negative effects thatlaws following the UCCC.The ICCC and UCCC protect could occur if the trial courts ruling is allowed to stand. consumers from predatory and unethical practices when The Iowa Supreme Court accepted the brief for filing, and itcredit is extended to consumers. was filed on February 14, 2024.MRCA firmly believes the Continued on page 1514 www.mrca.orgMidwest Roofer'