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Questions Answered by Robert Shipley
1 Answer | Asked in Real Estate Law and Tax Law for Illinois on
Q: I have a commercial lease which I pay a portion of the real estate taxes. Do I get to see the actual bill.

The building owner just creates an invoice of his own on quickbooks and never shows the actual tax bill, and then bills me again for a revised tax bill. Should I be allowed to see the bill and then the revised bill?

Robert Shipley
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Robert Shipley
answered on Mar 11, 2022

You should review the lease which should have a clause which describes how your proportionate share of the real estate taxes are calculated as well as language which provides you with the opportunity to review the tax bill as well as any other documents relied upon by landlord to pass through your... View More

1 Answer | Asked in Civil Litigation and Construction Law for Illinois on
Q: Is it possible to hire an attorney in the middle of a litigation if I am representing myself currently?

I am looking for an attorney to help me with a mandatory arbitration. I had a terrible experience with a law firm. We parted ways. I would like to find someone experienced in construction law as we are in the middle of our process. Any help would be appreciated. Thank you

Robert Shipley
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Robert Shipley
answered on Mar 8, 2022

My office handles construction disputes. I would be happy to discuss. I can be reached directly at 312-527-4545.

Thank you.

1 Answer | Asked in Contracts and Real Estate Law for Illinois on
Q: Legal remedies to remove developer of new construction condo building and/or get building designated health hazard?

Almost every resident (39 units) has had water in their units, as well as water coming through the ceilings in the common areas due to uninsulated duct work. Humidity levels are off the charts. Connect the dots for what this means for fast growing mold and mildew. There is an election soon to... View More

Robert Shipley
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Robert Shipley
answered on Aug 25, 2021

Your description suggests that construction is completed and all units have been sold. The developer should have already turned over control to a duly elected board by the members of the Association. Your description describes a serious problem, which I presume has been confirmed by an... View More

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

Robert Shipley
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Robert Shipley
answered on Aug 24, 2021

It is not clear if construction is complete, although I am making that assumption because you are living in the house. If construction is complete, I would presume you have been tendered a final bill, which you have been able to review and either approve by issuing payment or by asking questions as... View More

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1 Answer | Asked in Contracts and Construction Law for Illinois on
Q: I had to have my whole house restored after a fire. It was a botched job what can I do?

I was told I would have like material and clearly cheaper, trimming coming undone, closet doors falling off, shingles on roof are buckled, upstairs bathroom leaking downstairs, clumps of putty where it should be smooth, dry wall is easily damaged.

Robert Shipley
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Robert Shipley
answered on Aug 11, 2021

To fully answer your question, the contract would have to be reviewed. On a general basis, a contractor typically provides a warranty and so the issues you have described would likely fall within the warranty. Independent of any warranty, if the contractor did not complete the scope of work or... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: I live in a 31 floor high rise building in river north Chicago owned by a management company.

Because of an error the developer made all balconies are having to be replaced in a 3 year old building. The drilling and construction has been going on for months and is unbearable in a work from home environment. What are our tenant rights in the situation (concessions, lease cancellations w/out... View More

Robert Shipley
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Robert Shipley
answered on Apr 13, 2021

The lease would have to be reviewed to determine what rights you may have as a tenant give the circumstances you describe. If the work has interfered with your ability to live in your unit without disruption there may be a basis to claim constructive eviction and terminate the lease on that basis.... View More

1 Answer | Asked in Construction Law and Contracts for Illinois on
Q: Can I terminate a contract with a General Contractor who appears to be inflating costs and being unethical?

General Contractor is inflating work costs to unreasonable and excessive levels and in many instances, not even showing me costs until that work is done. They are also taking an unreasonably long time to complete the project and very slow to communicate while not being transparent during the... View More

Robert Shipley
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Robert Shipley
answered on Feb 6, 2021

The contract must be reviewed to determine provisions regarding scope of work, time to complete, payment schedule and termination provisions. If work is not being performed correctly or perhaps to code, you will need to have another contractor(s) in the appropriate discipline, inspect your... View More

2 Answers | Asked in Business Formation, Business Law and Contracts for Illinois on
Q: I am starting a in home music lesson business and I wonder if I can hire all the teachers as independent contractors

It will be teachers from major cities in different state. I wonder if they can be independent contractors instead of employees

I set up a website with paid ads that matches teachers who are looking for students with families looking for teachers to teach their kids at home. The teachers are... View More

Robert Shipley
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Robert Shipley
answered on Nov 16, 2020

Based on your brief description the teachers would be considered independent contractors because it would be their decision as to whether they wanted to work or not. They have the flexibility to work as much or as little as they may want through your site.

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1 Answer | Asked in Consumer Law, Civil Litigation and Collections for Illinois on
Q: I have a judgement in wisconsin that's around 10 years old I just got an letter that they want to garnish my wages

They have never before this point tried to collect on it they have even sent me letters over the years trying to get me to come get another car thru them I dont have the money to pay them me and my husband dont make that much and we have three kids

Robert Shipley
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Robert Shipley
answered on Nov 5, 2020

State statutes have provisions by which judgments can be revived. You do not identify if the action is pending in Wisconsin or Illinois. Regardless, I would strongly recommend that you have a consultation with an attorney whose practice is concentrated in consumer law, to review whether the... View More

1 Answer | Asked in Real Estate Law, Gov & Administrative Law, Land Use & Zoning and Municipal Law for Illinois on
Q: Want to put in a fence but restriction on plat are in the way. The city doesn't know who owns the plat restrictions.

We purchased a home in McHenry, IL and back up to a major roadway. We have dogs and kids and want to put in a 6' fence and not give up 30' of our yard. The restrictions are on the plat but nobody knows who owns them to have them removed. The restrictions are:

1. Fencing is... View More

Robert Shipley
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Robert Shipley
answered on Oct 22, 2020

Based upon your description, it appears the City is/would be cooperative with your ultimate goal. It is likely the restrictions were put in place by the developer, perhaps based upon zoning or right of way issues. I would think the City should be able to work with you to develop a solution. I... View More

1 Answer | Asked in Civil Litigation for Illinois on
Q: My ex-husband was ordered twice to pay me 17,500 in attorneys fees. He appealed, and lost. How can I collect it?

My attorney doesn't want to hire a collection agency to get it. Can we do a wage garnishment?

Robert Shipley
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Robert Shipley
answered on Oct 15, 2020

If you have a final judgment, then you have the options to: 1) garnish wages from the employer 2) garnish funds from a known bank account 3) file and serve a Citation to Discover Assets which will require a further court appearance(s) and testimony would be taken regarding income and assets 4)... View More

2 Answers | Asked in Contracts for Illinois on
Q: What type of lawyer would be needed to create a simple buyout agreement for a small business between 2 owners?
Robert Shipley
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Robert Shipley
answered on Sep 30, 2020

You should consult with an attorney whose practice is concentrated in business law and has experience in drafting, reviewing and negotiating the type of agreement you have described.

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1 Answer | Asked in Real Estate Law for Illinois on
Q: Have r/e agent w/out a contract. Saw house on own. Didn't know I had to disclose I had agent. What is obligation?

i went to see house on my own to be proactive. after going thru the house with the sell agent I said I would have my agent contact them. the sell agent got very angry and said I was to disclose I was working with agent. I did not know that. The selling agent never asked. The selling agent then... View More

Robert Shipley
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Robert Shipley
answered on Sep 29, 2020

Legally, your obligation is to the agent/broker with whom you signed an agreement. If you did not sign an agreement with the agent/broker who agreed to show you properties then there is no commission to pay a commission. If the selling brokers you have described are 'angry' that is... View More

1 Answer | Asked in Civil Litigation for Illinois on
Q: I hired a general contractor to do a small home remodeling job. They did a terrible job and wanted more money to finish.

I fired them and hired someone else to fix everything and finish the job. I am paying almost the same amount to fix the problems and finish. I called and asked for a reasonable refund but now no one is returning my calls. What are my options for getting some or all of my money back from the... View More

Robert Shipley
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Robert Shipley
answered on Sep 24, 2020

Your description suggests that the amount you paid the subsequent contractor to correct the defective workmanship was an amount equal to or greater than what was paid to the original contractor. In such instance, you can sue the original contractor for the dollar value of what was paid to the... View More

1 Answer | Asked in Contracts for Illinois on
Q: Lender stopped cashing my payments & no contact from them for 6 years. Is the contract still valid? Do I still owe?
Robert Shipley
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Robert Shipley
answered on Sep 23, 2020

I am presuming that the loan was documented by a written agreement. The terms of that agreement control. I do not know how long you have been sending payments which have not been cashed, but I would recommend that you review the agreement and if you do not have a copy, then contact the lender.... View More

1 Answer | Asked in Civil Litigation, Insurance Defense and Legal Malpractice for Illinois on
Q: Does a lawyer have any recourse against the filer of a false ARDC complaint? Or does Rule 775 grant him TOTAL immunity?

Ill. Sup. Ct. R. 775 “IMMUNITY” seems to offer total protection to anyone who files an ARDC complaint against a lawyer, even if the grievance is entirely untrue and filed simply to harass the lawyer. The ARDC thoroughly investigates every claim, and it seems unfair to force lawyers to spend the... View More

Robert Shipley
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Robert Shipley
answered on Sep 17, 2020

I have read both of your questions. Rule 775 does provide that immunity in the context of ARDC communications. It is not clear if the suit you describe is a malpractice claim against you, but if so I would suggest you review with your attorney. If not involving a malpractice claim, but arising from... View More

1 Answer | Asked in Civil Litigation, Insurance Defense and Legal Malpractice for Illinois on
Q: Must a defense lawyer in Illinois inform his client that he may have insurance coverage for a lawsuit?

Does a defense lawyer practicing in Illinois have an ethical obligation to inform his client that the client may have insurance coverage for a lawsuit that would cover the client's legal fees? Even if this means that the case would have to be tendered to the insurance company and that lawyer... View More

Robert Shipley
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Robert Shipley
answered on Sep 15, 2020

Generally, any claim/case should be reviewed to determine if there is possible insurance coverage. If there is potential coverage then the claim/case should be forwarded to the parties insurance agent who will transmit to the insurance company. If there is coverage, then the insurance company... View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: Can a managing broker or real estate brokerage withhold earned commissions from an agent?
Robert Shipley
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Robert Shipley
answered on Sep 15, 2020

On a general basis, the answer is no. Earned commissions should be paid. However each case is dependent on its facts. I presume you have a contract and that should be reviewed. I would recommend you consult with an attorney to review and discuss the details.

2 Answers | Asked in Consumer Law, Real Estate Law and Estate Planning for Illinois on
Q: Can they put a lien on my moms house over my deceased dads debt that she didnt agree to?

My dad died in january. Before he died he had roof work done on our house. They lied to him and promised insurance would cover the roofing, but insurance only covered a small amount. My mom now cant afford their 6k bill and kept the 2k check from allstate as well. Now the roofers are threatening a... View More

Robert Shipley
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Robert Shipley
answered on Sep 10, 2020

I am assuming that the home was owned jointly by your mother and father. That being the case, if the contractor completed the work, if they choose they can record a lien for the value of the work which has not been paid.

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1 Answer | Asked in Real Estate Law for Illinois on
Q: water damage in my basement that has led to mold exposure for me was caused by my attached neighbors basement. Can i sue

I live in a duplex attached to my neighbor with a common wall. It’s been determined the water damage in my basement that has led to mold was caused by a problem in her basement. Can I sue her??

Robert Shipley
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Robert Shipley
answered on Sep 9, 2020

Based upon your description you can make a claim. It would be best if you found out the name of their insurance company and make the claim and determine the insurance company position, ie: pay the claim or deny. If denied then you would have to file suit. Another option is to explore whether your... View More

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