Q: We hired a contractor in May. It's now September. Work is not complete, can we sue? We already paid him...
Contractor kept putting us off. I called him at the end of June and told him we needed our patio by the end of July. He told us we'd have a beautiful patio by then. We did not. We have a unlevel, unmeasured, poorly stamped crooked patio. It's September and it's still not cut and sealed per our original agreement. Our permit is now expired and we can't get in contact via e-mail or phone. Are we protected by any consumer rights? Is a lawsuit worth it? Or are we stuck and just need to take the loss. He did come back about a month ago and agree to fix some of the poor craftsmanship, but he's been MIA since that in person meeting.
A:
The fact that the summer has passed, and the permit expired, unless your contract with the contractor stipulates otherwise, "yes" you can sue.
Before you sue, you should probably do the following:
Send the contractor a certified letter acknowledging the breach of contract, and attempt to work something out, e.g., a refund or ask the contractor to finish the job as promised in the next 30 days. This letter give you evidence for your upcoming suit.
If the contractor refuses, contact the local licensing authority where the contractor is licensing. Only plumbers and roofing contractors are licensed in Illinois at the state level. A Contractor is licensed at the local level. They may be able help you.
Gather any other evidence, including any conversations you had with the contractor about the project or price, any agreements and photographs of the unfinished project.
Once you accomplish these tasks you will be in a better position to sue.
Don't let the contractor get away with this breach. Many people just give up and walk away.
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A: You are protected by consumer rights if you believe this contractor committed fraud. You should speak with a local attorney about your options which might include reviewing any written or oral agreements about the work to be done, demanding that the contractor give you a partial refund or demanding that the contractor make the situation right. If you don't want to hire an attorney, you may consider filing a Consumer Fraud complaint with the Illinois Attorney General's Office. See: http://illinoisattorneygeneral.gov/consumers/index.html
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