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Questions Answered by Frederick A. Lurie
1 Answer | Asked in Construction Law and Contracts for Illinois on
Q: What is the best legal action to motivate a contractor to complete a project and what are our rights as homeowners?

Currently in the middle of contract for a home addition that was signed December 2021. The project officially began 2/9/22, blueprints were finalized 6/24/22, and permit were pulled 7/29/22. At this point I would say the project is about 40% done. We have paid 90% of the contract. After the... View More

Frederick A. Lurie
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Frederick A. Lurie
answered on Apr 14, 2023

Under Section 5 of the Mechanics Lien Act, the contractor is required to provide you with a sworn statement listing all the subcontractors, their trades and contract amounts before any money is due if you request the information. The statute provides:

"It shall be the duty of the...
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1 Answer | Asked in Construction Law for Illinois on
Q: Construction relate

Our independent sales person in which we did not have on payroll which we gave a 1099 every year brought a client. she collected 50% deposit under her own name for they job. Then We completed the job and her client paid us the balance direct. Her client paid in full what she told her client to... View More

Frederick A. Lurie
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Frederick A. Lurie
answered on Jun 18, 2022

It sounds like your claim is against your sales rep.

1 Answer | Asked in Contracts, Foreclosure, Construction Law and Land Use & Zoning for Illinois on
Q: What Kind of Lawyer do I need?

I bought a home unknowingly there was an open permit pending that the contractor didn't close with the county. Now the County is requesting I close the permit and contractor doesn't have proof of them closing it out. I am unable to schedule inspections due to contractor unable to submit... View More

Frederick A. Lurie
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Frederick A. Lurie
answered on May 13, 2022

You will likely need a code inspection to make sure the work was code compliant.

1 Answer | Asked in Real Estate Law, Civil Litigation and Land Use & Zoning for Illinois on
Q: who enforces (765 ILCS 160/) Common Interest Community Association Act when the declaration and covenants aren't honored

I'm the adjacent property to a townhome association and they do not honor their obligations stated in their declaration. Specifically the sections that refer to my property being the Dominant Tenement and various zoning and municipal code ordinances that has actually caused serious damage to... View More

Frederick A. Lurie
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Frederick A. Lurie
answered on Apr 26, 2022

You provide only general information so one can only provide a general answer. No neither you nor the police can force the Association to furnish you with its insurance policy unless you file suit for property damage, violation of an easement or whatever wrong has been committed. The declaration is... View More

1 Answer | Asked in Construction Law for Illinois on
Q: I am suing a construction company in small claim court. During discovery, how do I request a list of subcontractors?

I hired a construction company to do a gut rehab in my house. There are construction defects including a need to get the entire house repainted. I am suing in small claim court for the painting now and the case is in Discovery phase. I know the painting was done by non professional painters and... View More

Frederick A. Lurie
PREMIUM
Frederick A. Lurie
answered on Mar 25, 2022

You serve an interrogatory or interrogatories pursuant to Supreme Court Rule 213 and ask the contractor to identify by name, trade, address...etc each subcontractor working on your project. However, you need court permission to utilize discovery in small claims under $10,000.00.

1 Answer | Asked in Contracts and Construction Law for Michigan on
Q: Sub-contractor billing me for more than verbal quoted price

Sub-contractor gave a verbal price which I agreed too but told him to send me a written estimate. He went ahead and did the job without sending a written estimate. The invoice he sent is way more. I refused to pay and now he has an attorney threating a lien against the homeowner and lawsuit... View More

Frederick A. Lurie
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Frederick A. Lurie
answered on Oct 15, 2021

Next time get it in writing. Ask for time and material records to see if the records come close in value to the sub's claim.

2 Answers | Asked in Construction Law for Illinois on
Q: My builder is not providing accurate accounting for the last draw of my construction loan. He refuses to correct it.

My husband and I have been living in the house since may. The builder states all the invoices are in but at the same time adds a quote in our change order that states he has a right to add invoices that may come in the future. It’s clear he’s overrun his costs and is trying to get us to pay... View More

Frederick A. Lurie
PREMIUM
Frederick A. Lurie
answered on Aug 24, 2021

You need request a sworn contractor's statement from your contractor in writing. You are entitled to the sworn statement under Section 5 of the mechanics lien act which provides that an owner is not required to pay a contractor anything until he receives the sworn statement, but only if the... View More

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1 Answer | Asked in Consumer Law, Contracts and Construction Law for Illinois on
Q: Unlicensed roof subcontractor, hidden from homeowner, did incomplete and unsatisfactory work, is homeowner breaching

contractual agreement if holding out on payment until compensated

for incompetent, incomplete work?

Frederick A. Lurie
PREMIUM
Frederick A. Lurie
answered on Apr 14, 2021

I am not sure what your question is but under Illinois law, it is unlawful to do any roofing work without a license under the Roofing Industry Licensing Act.

1 Answer | Asked in Construction Law for Illinois on
Q: What's unique about a construction mortgage?
Frederick A. Lurie
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Frederick A. Lurie
answered on Oct 31, 2018

Construction loans are designed to be short term, only for the duration of the construction project. The loan funds are usually disbursed in installments as the project progresses. There is typically a construction escrow set up at a title company which disburses the funds to contractors and... View More

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