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Illinois Construction Law Questions & Answers
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... Read more »

Robert Shipley
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... Read 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
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... Read more »

1 Answer | Asked in Real Estate Law, Construction Law, Environmental and Landlord - Tenant for Illinois on
Q: Wrong size natural gas pipe in kitchen ? Who is responsible ?

Recently we moved into a 2004 8 story condo in IL without an inspection. We noticed that we were getting a very low pressure and after a while an orange flame started to be visible. I contacted the management and board who said that nobody else in the building had similar issue and since it only... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 27, 2021

An Illinois attorney could advise best, but your post remains open for three weeks. You could try asking the City, but it seems unlikely they would become involved in a private dispute involving an HOA where an owner had opportunity for inspection. In terms of public authorities, you could check... Read more »

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
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 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... Read more »

Robert Shipley
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... Read more »

1 Answer | Asked in Workers' Compensation and Construction Law for Illinois on
Q: I don't have worker comp. I use sub. how can I put the responsibility on sub if anything happens to its laborer?

as a contractor, I do not have worker compensation insurance. I hire people to do the job. how can I protect myself from job site injuries happening to any of the laborers.

Charles Candiano
Charles Candiano answered on Sep 28, 2020

Easy. You require that any Sub provide proof of WC insurance BEFORE you agree to do business with them and keep a copy on file. This does not mean that you MAY be on the hook if the Sub's WC coverage lapses and someone is injured. It's the best you can do.

1 Answer | Asked in Civil Litigation, Contracts, Consumer Law and Construction Law for Illinois on
Q: can I sue a prebuilt shed company?

I bought a brand new 10x12 prebuilt shed delivered to my property that leaked from day one. After a few half hearted attempts to fix it among several non returned calls and no shows the owner of the company said he would take it back and refund my money. That was 2 months ago every time I call him... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 17, 2019

First check the terms of the agreement. It could possibly contain provisions that include arbitration as a forum for handling disputes.

Tim Akpinar

1 Answer | Asked in Civil Rights, Construction Law, Land Use & Zoning and Real Estate Law for Illinois on
Q: are electricity bill is $629.00 and our house is still freezing and the land Lord is a jerk no ceiling in the bathroom

and you can see light through the roof do we have any options my husband is on ssd

Steve McCann
Steve McCann answered on Jan 14, 2019

You are likely entitled to a remedy, but the best course of action is dependent on specific facts that are not provided here, such as the location of the apartment, and whether or not it is subject to the RLTO.

In any event, I recommend organizing everything in your possession relevant to...
Read more »

1 Answer | Asked in Contracts and Construction Law for Illinois on
Q: What legal rights do we have against a Contractor?

We hired a contractor almost 2 years ago to do work within our home, they did the work and within 3 months the same issues came back. We’ve reached out and they do patches, we’ve requested a refund and they said they’d send someone out to do the work. They’re no longer responding to our... Read more »

Steve McCann
Steve McCann answered on Jan 7, 2019

Your legal rights are dependent on specific facts that are not provided here, such as the precise terms of the contract and the nature of the issues you are having with your home. That being the case, I recommend you organize everything in your possession related to this matter, including the... Read more »

1 Answer | Asked in Construction Law for Illinois on
Q: Is an owner allowed to sue me, if the contractor skipped out on the job? I'm just a sub-contractor.
Tim Akpinar
Tim Akpinar answered on Dec 16, 2018

I do not practice in Illinois, but your question hasn't been picked up in four weeks. It could depend on the way in which the contract was drafted.

Tim Akpinar

1 Answer | Asked in Construction Law for Illinois on
Q: What's unique about a construction mortgage?
Frederick A. Lurie
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... Read more »

1 Answer | Asked in Construction Law for Illinois on
Q: Who's liable for a construction site injury if the injured person wasn't wearing a hard hat or proper footwear?
Tim Akpinar
Tim Akpinar answered on Oct 17, 2018

I do not practice in Illinois, but your question hasn’t been picked up in four weeks. Based on the limited facts here, an attorney would have more questions. Here are just a few: In what capacity was the person on the site? What was she or he doing that resulted in the injury? What actions, if... Read more »

1 Answer | Asked in Consumer Law and Construction Law for Illinois on
Q: A contractor took my deposit over 10k and never performed work, will not provide refund, said he no longer wants to talk

The contractor verbally promised a 10% discount and build date within 60-90 days if I signed a contract and provided down payment that day. I agreed and signed a contract. The contract did not list the build date. After multiple calls and text messages over the course of 8 months (the contractor... Read more »

Steve McCann
Steve McCann answered on Sep 20, 2018

You have a couple of options, but the best option is dependent on specific facts that are not provided here, such as the terms of the contract, and details about the contractor's company. That being the case, I recommend you organize everything in your possession regarding this message,... Read more »

1 Answer | Asked in Construction Law for Illinois on
Q: Are there any lawyers near Westchester, IL who deal with the Home "Wreckers" Law?

My wife has been having an extramarital affair with a coworker turned friend who is a lesbian for over a year I just found out. The individual had a partner whom works with them. She is still friends with the individual, but has returned to her husband. Meanwhile, this lesbian friend set her sites... Read more »

Jeremy Wang
Jeremy Wang answered on Sep 1, 2018

There are plenty of family law attorneys you can contact in your area.

1 Answer | Asked in Construction Law for Illinois on
Q: What action can I take against a general contractor who did not get the permits he promised me for our home remodel?
Steve McCann
Steve McCann answered on Aug 20, 2018

Your options are dependent on specific facts that are not provided here, such as the terms of the contract with your GC and the representations your GC made regarding obtaining the requisite permits. That being the case, I recommend organizing everything in your possession regarding this matter,... Read more »

1 Answer | Asked in Construction Law for Illinois on
Q: If my contractor sues a sub-contractor do I have to be involved in any way?
Steve McCann
Steve McCann answered on Mar 11, 2018

It depends on specific facts that are not provided here. Assuming you are a homeowner who hired the contractor suing the subcontractor, you will more than likely be called as a witness for depositions and/or trial.

1 Answer | Asked in Construction Law for Illinois on
Q: Are construction contracts regulated?
Steve McCann
Steve McCann answered on Feb 23, 2018

Yes, they are, but the specific requirements depend on specific facts that are not provided here, such as the location and nature of the work being performed. That being the case, I recommend organizing the contract and anything else you believe is relevant to this matter, and consulting with an... Read more »

1 Answer | Asked in Consumer Law and Construction Law for Illinois on
Q: Need assistance with a bad roofing company

Had a new roof installed last October, since January, we have had to place numerous bowls around the house due to leaking. The roofing company has come out several times with no satisfying results for the problem, We have provided him with video and photos of the leaking and his last response via... Read more »

David Arena
David Arena answered on Nov 14, 2017

The contractor has a responsibility to correct any defects in the instillation. If you provide the contractor with notice and a commercially reasonable time to cure and the contractor fails to do so, you can have the work done by a different contractor. You then have a claim against the original... Read more »

1 Answer | Asked in Construction Law for Illinois on
Q: Can my contractor bill me for significantly more than his original estimate? He was way off!
Steve McCann
Steve McCann answered on Sep 7, 2017

The answer to your question depends on a number of factors that are not provided here, such as the terms of your contract, the location of the work, and the type of work performed. If the bill is significantly higher than the initial quote, it is likely in your best interest to consult with an... Read more »

1 Answer | Asked in Real Estate Law, Construction Law and Land Use & Zoning for Illinois on
Q: We own a house and the water company digged up our driveway without warning, we can't even park in it. what can we do?

Our house is older on a main street in town. The person called and asked if they can come in and track a water line we said sure they drilled small hole and filled, but today they came out after me and wife left for work no warning and completely tore up 3/4 of our driveway as well as messed up... Read more »

Ray Choudhry
Ray Choudhry answered on Aug 16, 2017

Usually the cities provide the water.

Is it a private water company.

There are rules as to what can be done if the water lines have a problem.

If it is the city, check with them as to what they plan to do.

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