Pursuing Legal Action Against a Home Improvement Contractor

 Posted on February 21, 2019 in Uncategorized

The civil attorneys of McNamara Phelan McSteen often consult with homeowners who either paid a contractor to do work which was not completed, or was done but done poorly and not in accordance with industry guidelines.  Fortunately, Illinois has laws in place to protect homeowners–most importantly, the Home Repair and Remodeling Act. The law requires businesses/contractors engaged in the home repair and remodeling business to give the homeowner/customer certain notices, notably:

For every contract over $1,000.00 the contractor shall provide the customer with a written contract, which must contain the following:  1) The total cost — including parts and materials listed with “reasonable particularity,” along with any charge for an estimate; and 2) The business name and address of the person engaged in the business of home repair or remodeling.

If that business address is a P.O. box, Mail Receiving Service, or designated agent to receive correspondence, the person must list their residence address on the contract.  Most importantly, the contractor must provide the customer with a consumer rights brochure entitled “HOME REPAIR: KNOW YOUR CONSUMER RIGHTS.”  This brochure advises the customer of certain rights, as well as some basic terms which should be included in the contract.

Additionally, the contractor must notify you in writing of any sub-contractors working on your repair or remodeling project and, if the homeowner requests, the contractor must provide a statement in writing under oath which lists the names and addresses of all subcontractors who provided services and the amounts that are due or become due to each.

If a contractor fails to abide by these requirements and you suffer actual damages, you can sue under the Illinois Consumer Fraud Act, which allows you to recover your attorneys’ fees as well.

Contractors may also be subject to criminal penalties including being charged with a felony for certain enumerated violations. Contact McNamara Phelan McSteen, LLC if you believe your rights under the Home Repair and Remodeling Act have been violated.

Attorney Todd J. Polito and the attorneys at McNamara · Phelan · McSteen, LLC have years of experience representing both homeowners and contractors in civil litigation actions in DuPage County, Will County, Cook County, Kendall County and Grundy County. He and the attorneys of McNamara · Phelan · McSteen, LLC are ready to help you now. Please contact us for a complimentary consultation to review the facts and circumstances associated with your case.