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Illinois Construction Law Questions & Answers
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.

1 Answer | Asked in Construction Law for Illinois on
Q: Should I be concerned if a lien is filed against my property?
Steve McCann
Steve McCann
answered on Aug 8, 2017

Yes, if you ever intend on selling the property. I would recommend consulting with an attorney familiar with liens to evaluate the lien, as it may have been filed improperly and thus invalid.

1 Answer | Asked in Construction Law for Illinois on
Q: Contractor quotes $2,500 verbal, hits gas line, job still not done 3 mo. Later sends me bill, for 4,066. How to dispute

Gas still is off, yard was dug up for months, itemized bill was 2,666 in labor alone and the day they came out for the initial quote was 337.00 dollars. Hours are wrong for labor, electricians did not call before they dug and hit line, they have electricians doing labor work and charging me 112.00... Read more »

Steve McCann
Steve McCann
answered on Jul 27, 2017

I would recommend organizing all information that is relevant to this situation, including pictures and communications with the contractor, and consulting with an attorney individually. A knowledgeable attorney will review the details surrounding this situation, and will advise you as to your... Read more »

1 Answer | Asked in Construction Law for Illinois on
Q: Do contractors need special licenses to build on commercial property or is it the same for both commercial and

residential?

Steve McCann
Steve McCann
answered on Jun 7, 2017

It is possible a contractor will need special licenses and/or permits for work on a commercial property, but it depends on a variety of factors, such as the nature and location of the work.

1 Answer | Asked in Construction Law for Illinois on
Q: I live in a sub-division in a condo with HOAs. Do they have a right to reject my chosen contractor, even if he's willing

to build within their specs and requirements?

Drew R. Ball
Drew R. Ball
answered on May 16, 2017

You would need to review your HOA' Decs. and Bylaws to determine whether or not their conduct is appropriate.

1 Answer | Asked in Construction Law for Illinois on
Q: The contractor who constructed my deck seems to have used faulty material. Can I sue them, or do I have to sue the

company that sold the material to them?

Steve McCann
Steve McCann
answered on May 1, 2017

You can certainly sue both of them, but your chances of winning and recovering is a different story. I would recommend organizing all information related to this situation, and consulting with an attorney individually. Your chances of prevailing and recovering in a lawsuit will be substantially... Read more »

1 Answer | Asked in Real Estate Law and Construction Law for Illinois on
Q: Can i break a contract with a contractor after he has done something illegal?
Steve McCann
Steve McCann
answered on Apr 3, 2017

It is possible, but an attorney would need more information in order to provide you with a comprehensive evaluation of your situation, as it depends on the specific illegal act that was performed by the contractor. I would recommend organizing all information relevant to this situation, and... Read more »

2 Answers | Asked in Business Formation, Business Law and Construction Law for Illinois on
Q: Is the "Home Repair and Remodeling Act" in Illinois still in effect?

I'm looking into starting up a small carpentry business. Just want to make sure I know what exactly needs to be done to prevent any Issues that may arise, as best as I can.

Steve McCann
Steve McCann
answered on Feb 20, 2017

Yes, it is certainly still in effect, and is the source for a great deal of litigation in Illinois. If you are contemplating starting a carpentry business, I would highly recommend you consult with an attorney prior to doing so, as it will save you a great deal of time, stress, and money in the... Read more »

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1 Answer | Asked in Construction Law for Illinois on
Q: I paid my contractor eight grand for a job that was done horribly

- what's the next step? Do I have to try to work it out amicably before I can sue him?

Steve McCann
Steve McCann
answered on Feb 5, 2017

You certainly do not have to try to work it out amicably, but it may be in your best interest to attempt to resolve the matter prior to filing suit, as there are costs associated with filing suit that will likely never be reimbursed. In any event, I would recommend organizing all information... Read more »

1 Answer | Asked in Construction Law for Illinois on
Q: My contractor is billing me for more than the estimate - what can I do?
Mazyar M. Hedayat Esq.
Mazyar M. Hedayat Esq.
answered on Jan 13, 2017

Your contractor may not bill you for more than his Estimate without seeking your permission in writing. Such written permission is known as a Change Order and must include an estimate of costs, a description of the work to be done, an estimate of the additional labor, material, resources, and time... Read more »

1 Answer | Asked in Construction Law for Illinois on
Q: How do I fight this? I paid a contractor for work done on my house

but he didn't pay a subcontractor and they've now put a lien on my house.

Mazyar M. Hedayat Esq.
Mazyar M. Hedayat Esq.
answered on Dec 15, 2016

Based on what you've written, you have a cause of action against the Contractor for taking your money and failing to pay his subcontractor. Unfortunately, this does not mean you have a defense to the Subcontractor's Mechanics Lien claim. It is easier to talk it out than address it here.... Read more »

1 Answer | Asked in Construction Law for Illinois on
Q: A sub-contractor is suing me in District Court and asking for attorney’s fees

- but they are bringing the case to court themselves. Can I get this moved to small claims?

Mazyar M. Hedayat Esq.
Mazyar M. Hedayat Esq.
answered on Nov 23, 2016

Your question is too vague for a full answer. To begin with, you reference being sued in "District Court" - which is the name given to Federal Courts in Illinois. I suspect you mean that you are being sued in the Circuit Court for your County and your question is how to have the matter... Read more »

1 Answer | Asked in Construction Law and Employment Law for Illinois on
Q: I need a subcontractor agreement. Do I need a business lawyer or can I just do one myself with the help of a template?

I live in Illinois. I need this contract to be general for me to use with every subcontractor we hire. We work in the construction industry.

William Harold Mazur
William Harold Mazur
answered on Sep 10, 2015

You are certainly within your rights to try and draft the agreement you need yourself, but I would strongly caution you to use an attorney. Online templates, even the ones that you pay for, are written in a way to apply to as many situations as possible. Using one is very risky in the event there... Read more »

1 Answer | Asked in Construction Law, Entertainment / Sports and Gov & Administrative Law for Illinois on
Q: What permits would I need to be able to use abandon buildings for my business?
Robert Jason De Groot
Robert Jason De Groot
answered on Aug 28, 2015

Find out from the city government.

1 Answer | Asked in Construction Law for Illinois on
Q: Company is asking for $500 in extra work done to complete job. I Did not sign anything.

I signed off on original work order, then they had to reinforce gables and I verbally said go ahead, but no cost was mentioned and nothing signed off on. 3 months later am given a bill for this work $500 (they said they gave me a break from $800), and ask for immediate payment. The original work... Read more »

Stephen Sotelo
Stephen Sotelo
answered on Jan 9, 2013

It depends. I am assuming that reinforcement of the gables was not contemplated in the original contract. If it had been, then you should not pay anything extra. With that in mind, the answer to your question depends on *why* the gables were reinforced. If it was because of their negligence... Read more »

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