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Illinois Contracts Questions & Answers
1 Answer | Asked in Business Law, Construction Law and Contracts for Illinois on
Q: My general contractor is breaching the contract again, how could we handle this?

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Bryan R. Bagdady
Bryan R. Bagdady
answered on Oct 30, 2022

A properly drafted construction agreement should have termination provisions. Start by reading the contract and be aware of your notice and termination obligations. Any contract case requires that you show offer, acceptance, consideration, duty, breach and damages. Remember that in the case of... Read more »

1 Answer | Asked in Contracts and Immigration Law for Illinois on
Q: Have a legal signed contract with someone who got deported. Is it still valid?
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 25, 2022

The contract validity is not at issue, even if that contract is valid, the contract party is not within the legal jurisdiction and that the contract’s performance could not be enforced, unless the party has its agent, assets or property for a judgment.

1 Answer | Asked in Contracts and Real Estate Law for Illinois on
Q: What sort of contract will guarantee me compensation for money put into a house I don't own?

My boyfriend is buying a home we will live in together. The loan is VA so I can't be on the title until we are married, but I don't want to invest money into renovations if I have no legal rights to it. Is there any sort of contract we can create and sign that promises to pay me back a... Read more »

Bryan R. Bagdady
Bryan R. Bagdady
answered on Oct 24, 2022

I always counsel boyfriend/girlfriend client situations to ask themselves what documentation would they want if the other person were not your boyfriend/girlfriend. It is a mistake to think that the status of boyfriend/girlfriend has anything to do with the commercial arrangement of loaning money.... Read more »

1 Answer | Asked in Real Estate Law and Contracts for Illinois on
Q: I'm buying my house on contract and I'm late in my payment but in the contract it says I have 14 days of the notice to

Fix the default well she already has put a for sale sign in the yard and has the house on market place for sale for 20,000 and I was only paying 10,000 also have already paid 9,000 so only owe 1,000. What can I do?

Erik K Jacobs
Erik K Jacobs
answered on Oct 14, 2022

Well, Illinois law deals specifically with Installment Contracts in the Installment Sales Contract Act, 765 ILCS 67/1 et seq.

Under that Act, a purchaser who is in default has a 90-day period to cure the default before a seller can bring any sort of action against you. Further, under the...
Read more »

1 Answer | Asked in Contracts and Employment Law for Illinois on
Q: I am a remote worker in IL. I have been offered a buyout with offering have of my PTO being paid out. 3 wks vs 6 wks.

I have to make a decision and if I take the buyout; with my tenor, they will only payout 120 hours instead of the 238 hours that I have accrued. Looking at IL Sec. 300.520, I think I should be paid the full amount but the legal language is tripping me up. Which trumps what? The severance agreement... Read more »

Nicholas James Crawford
Nicholas James Crawford
answered on Sep 1, 2022

Your employer is required to payout all earned (accrued and unused) vacation time. Depending on your companies PTO policy, your balance may include both a vacation and some sort of sick time. However, the amount they pay out can not be some sort of arbitrary amount. A company can not maintain... Read more »

1 Answer | Asked in Contracts for Illinois on
Q: I am an independent contractor (yoga instructor) and have a signed contract for a non compete. I have a question on this

I have a contract with a women I work with stating I will not market to clients that are associated with her business. Her company markets and she hires me to then work with the clients. My question is, if a former client from her company reaches out to me on thumbtack (which then I am charged... Read more »

Ana M. McNamara
Ana M. McNamara
answered on Jul 14, 2022

It is not a good idea to work with this client. You don't indicate whether the client was someone that you worked with (taught) in the past for her. However, a non-compete means you cannot solicit or work with her clients while employed by or while you have an independent contractor agreement... Read more »

2 Answers | Asked in Contracts, Personal Injury and Construction Law for Illinois on
Q: A guy wants to take my old barn down. What can I do to make sure I'm not liable for accidents etc? ILLINOIS

Agreed he could have half the wood.

Bryan R. Bagdady
Bryan R. Bagdady
answered on Jun 20, 2022

Make sure that you have a written agreement. Although I don't see this work as falling under the Home Repair and Remodeling Act, the act requires written contracts for work in excess of $1,000. That should be a tip that a written agreement may be useful here. Have the contractor agree to... Read more »

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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... Read 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 Family Law, Contracts and Estate Planning for Illinois on
Q: How did my adult son, who I have financial guardianship, with no job and no savings take out a $43000 car loan withoutme
Stephanie Sexauer
Stephanie Sexauer
answered on Apr 26, 2022

I'm so sorry to hear about this; fortunately and unfortunately, it sounds like your son is high functioning to the point he wants to drive his own car but doesn't have the capacity to understand what a car loan entails. In adult guardianships in Illinois, this is somewhat common.... Read more »

1 Answer | Asked in Criminal Law, Education Law, Contracts and Personal Injury for Illinois on
Q: can you sue a Montessori school if something happens to your child?

My son is attending a Montessori school and they had me sign a contract stating that I can’t sue them ever even if something happens due to their negligence

Charles Candiano
Charles Candiano
answered on Feb 28, 2022

It depends on the contract language and how your child was injured. ALL of the details and a copy of the contract need to be reviewed by an attorney before it is possible to provide a meaningful answer.

1 Answer | Asked in Contracts, Estate Planning and Real Estate Law for Illinois on
Q: We bought a home from my dad but he passed away before being able to put it in our name. How do we transfer the deed

My dad purchased my grandmas home when she went into a nursing home and sold it to my husband and me. He died before being able to transfer the deed, how do we get the house in our name? He did not have a will and my mom and two siblings are still living. We also didn’t have a written agreement... Read more »

Erik K Jacobs
Erik K Jacobs
answered on Feb 23, 2022

In order to be enforceable, Illinois, and all other states, require that agreements for the purchase and sale of real estate be in writing. However, this is not insurmountable. First, did you pay your father for the property and can the transfer of funds be documented? More importantly, were... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Illinois on
Q: My landlord is saying because of 735 ILCS 5, I had to give 30 days notice before my 12 month lease ended

My 12 month lease ends the 28th of February. It is very clearly stated and there is no clause in my lease stating I need to give notice 30 days prior. I gave 29 days notice and now my landlord is fighting me and saying I have to stay and pay March rent

Ana M. McNamara
Ana M. McNamara
answered on Feb 11, 2022

The statute you quoted is incomplete. It should read 735 ILCS 5/ ___ and a number after the slash in order to point to a relevant section of the statute that your landlord is reading. At any rate, you are not required to give thirty days notice unless it specifically states so in your lease.... Read more »

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Insurance Bad Faith for Illinois on
Q: Do I have to pay them since they forgot?

I got a 3k check from my car insurance, repair shop was supposed to charge me it plus $500 deductible from my end. They only charged me $500 total and are just now asking for the check.

I live near Chicago, Illinois . Thanks lol

Ana M. McNamara
Ana M. McNamara
answered on Feb 3, 2022

Well, its your lucky day. The amount of check from the insurance was based upon an estimate of damage provided to them by their adjuster or an outside body shop. The fact that the body shop charged you less in the end should not change the amount of the check from the insurance. If the check is... Read more »

1 Answer | Asked in Contracts for Illinois on
Q: How does it hold up if they don’t do it for other events in same week?

They have 3 home basketball games the very same week. They do not ask anyone to sign contracts to the sporting events. How would they be able to prove that someone contracted Covid from the dance or another mass gathering they held that week? I don’t see how their contract has any legal merit.

Ana M. McNamara
Ana M. McNamara
answered on Feb 2, 2022

I'm not sure what "contract" you are referring to. The school is not the one who would be proving Covid was contracted at their function (in fact, they would most likely be defending that claim). Dances involve close intimate contact, watching a sporting event does not, so I presume... Read more »

1 Answer | Asked in Contracts for Illinois on
Q: HS wants us 2 sign contract releasing them of all harm from Covid 4 dance but won’t promise mask enforcement incontract
Ana M. McNamara
Ana M. McNamara
answered on Feb 2, 2022

The school has no obligation to allow students into the dance without first obtaining a release relating to Covid. Since they are hosting a gathering, no doubt their attorneys recommended releases to be signed as a condition of attendance. However, as much as some school officials may want to, the... Read more »

2 Answers | Asked in Contracts and Family Law for Illinois on
Q: I've paid $24,000.00 in legal fees and still owe $23,000. I won my case and a judge awarded me $23,917.00 in legal fees

From the other party. Does this absolve me from the remaining fees?

Bryan R. Bagdady
Bryan R. Bagdady
answered on Dec 3, 2021

No.

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1 Answer | Asked in Contracts and Copyright for Illinois on
Q: Can the TLC channel display pictures of me or mention my name on a show without my permission?

-I was never interviewed

-I spoke to two people for a few days but never gave permission to be on the show

-I have never been on the news.

Marcos Garciaacosta
Marcos Garciaacosta
answered on Nov 30, 2021

Depends.

Did they interview you?

Where you in the news?

For how long is your participation?

1 Answer | Asked in Contracts and Collections for Illinois on
Q: Can I find out problems with a lawfirm called Blitt and Gaines in Illinois?

I discovered there is a lawsuit, and that they said I was served. I wasn't home. They described a "resident" at my house which is nobody I know. I live alone. How can I find out what other sketchy things this firm is doing or has done?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 15, 2021

Engage a licensed civil court litigator to do the preliminary inquiries in validity of that service and actual legal standing of that law firm.

1 Answer | Asked in Contracts and Copyright for Illinois on
Q: Hi. What are the steps and prices to putting my assumed named document in a newspaper in Cook County?
Jane Kim
Jane Kim PRO label
answered on Oct 14, 2021

The process is pretty simple and is described in the form that you have to complete and file with the Cook County. If you are still having a hard time, contact a lawyer.

1 Answer | Asked in Civil Rights, Contracts, Employment Discrimination and Employment Law for Illinois on
Q: What is the statute of limitation on indefinite employment contracts overseas with US based corporation?

I was hired as country manager by a US 500 company in 2013 on indefinite employment terms contract. 12 months later problems started mainly because I refused company illegal way of doing business. As a result, I was fired and sued for criminal charges in the foreign country. In 2019, I won an... Read more »

Jane Kim
Jane Kim PRO label
answered on Oct 14, 2021

IL statute of limitations on a breach of contract action is ten years. But first, you have to ascertain which country's laws apply. Did you have a written employment agreement and where was was it signed, in the US or in that foreign country? That's the law that will apply to a breach of... Read more »

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