DGAA bLAWg

The Illinois Home Repair and Remodeling Act – Where do we stand?

Web Admin - Monday, April 08, 2013

By: Jay A. Andrew

http://www.dgaalaw.com/jay-andrew.html

The Illinois Home Repair and Remodeling Act (“HRRA”)
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2359&ChapterID=67 was enacted and became effective on January 1, 2000. The intent of the original Act was to protect the elderly from so called “Storm Chasers”. “Storm Chasers” are contractors who move from state to state seeking repair work after natural disasters in an effort to collect the insurance proceeds. The HRRA’s five main requirements are that: 1) a contractor must provide the consumer a written contract on any home repair or remodeling job over $1,000.00 2) If that contract contains an arbitration and/or a jury waiver the contractor must get the consumer to acknowledge those provisions in writing 3)  the so-called “Storm Chaser” provisions 4) a contractor must provide the consumer with a Consumer Rights brochure for any home repair or remodeling job over $1,000.00 and 5) Minimum insurance requirements for contractors.

The original version of the HRRA stated that it was “unlawful” for any person not to comply with the HRRA. Some very creative attorneys in our state decided that this meant that consumers could use this as a shield to paying contractors for home repair and remodeling work when disputes arose and in some cases they argued that it wiped out the contractor’s Mechanics’ Lien. Thereafter, the Illinois Appellate Courts weighed in on the issue. They had different opinions on these theories[1]. The Act was rewritten in July 2010 to remove the word “unlawful” from Section. At the same time, the K. Miller Construction Company, Inc. v. Joseph McGinnis[2] case was being considered by the Illinois Supreme Court. In September 2010, the Illinois Supreme Court issued their opinion. They found that in light of the statutory amendments, a violation of the HRRA did NOT invalidate the Mechanics’ Lien or effect the enforceability of the construction contract.

Therefore, as consumers you are now left with a private right of action under the statute for a violation. The key to that action is the consumer’s ability to prove actual damages from the violation. The consumer’s attorney can attempt to “boot strap” the violation under the Illinois Consumer Fraud to obtain punitive damages and attorney’s fees. However, a finding of “bad faith” by the trier of fact would become necessary to recover those additional damages under the Consumer Fraud Act.

For the contractor, you should take a look at the HRRA and verify that you are in compliance before you head out to your next job. Your lien rights and enforceability of your own contract appear not to be in jeopardy with a violation, however, suffering through a direct action can also be a costly venture.

If you have any questions about the Home Repair and Remodeling Act, the Home Repair Fraud Act or the Illinois Consumer Fraud Act, whether you are a contractor or a consumer, feel free to contact Jay A. Andrew of DGAA, LLC W: www.dgaalaw.com E: jaa@dgaalaw.com P: 847.934.6000 x14

Like DGAA Law on Facebook: @ www.facebook/DGAALaw



[1] Behl Construction v. Gingerich, 396 Ill.App. 3d 1078, 920 N.E.2d 665 (4th Dist., Illinois 2009); Roberts v. Adkins, 397 Ill.App.3d 858, 921 N.E.2d 802, 336 Ill. Dec. 946 (3rd Dist., Illinois 2010); Smith v. Bogard, 377 Ill.App.3d 842, 879 N.E.2d 543 (4th Dist. Illinois 2007)

[2] 238 Ill.2d 284, 938 N.E.2d 471 (2010)


Recent Posts


Tags

Palatine trusts lawyer defective products Schaumburg medical malpractice lawyer medical research new real estate form hiring employees bicycle accidents living wills sexual images Arlington Heights car crash attorneys Palatine employment lawyer estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, license reinstatement deed transfer unauthorized overtime Illinois small business Buffalo Grove traffic lawyers estate planning criminal law Schaumburg estate planning attorney Chicago estate planning lawyer drunk driving small business rollover car crashes gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys Illinois traffic ticket lawyer Rolling Meadows personal injury lawyer DUI defense agent Illinois criminal defense attorney personal injury law firm tax attorney insurance agent negligence golf accidents South Barrington real estate attorney vacation home Home Sale Contingencies Barrington personal injury attorney Home Remodeling Repair Act caretaker rights insurance claim delay DNR Chicago car accident lawyer distracted driving accidents Inverness injury lawyer trench injuries Crystal Lake traffic attorney Inverness elder law lawyer insurance claim dispute attorney Des Plaines personal injury lawyers Barrington workers compensation attorney pregnant women Mount Prospect wills and trusts lawyers privacy laws crossover accidents Schaumburg injury lawyer estate plan Crystal Lake employment attorney Crystal Lake business law attorneys Crystal Lake pet attorney Des Plaines drug crimes lawyer Crystal Lake civil litigation lawyer Attorney Ken Apicella Legal Info food poisoning Arlington Heights medical malpractice lawyer Barrington business law firm Rolling Meadows car accident lawyers underinsured motorist Chicago corporate attorney medical marijuana digital media accounts, estate planning, Arlington Heights estate planning attorney, Illinois employee rights attorney. probate claims product liability Illinois car accident attorney pedestrian accidents income distribution deducation Illinois registered agent Crystal lake insurance dispute attorney Fourth of July hands free device auto accidents Palatine employment law lawyer Illinois insurance dispute lawyers Barrington Illinois estate planning lawyer loopholes Illinois collections attorney Crystal Lake employment law attorney South Barrington real estate lawyer Crystal Lake accident attorney Illinois estate planning law firm DUI attorney Des Plaines traumatic brain injuries financial advisors digital information estate planning attorney Des Plaines collections attorney condo association real estate lawyer Schaumburg construction accident lawyer Schaumburg criminal attorney internet Arlington Heights trucking lawyer traffic accidents Illinois bicycle safety Chicago lawyer murder charges Illinois employment lawyer PTSD Chicago estate planning Rolling Meadows employment law attorneys Palatine personal injury lawyer Barrington criminal defense lawyer living trust vs will IRELA Crystal Lake will lawyer Illinois workers compensation lawyer Arlington Heights personal injury lawyer Crystal Lake car accident attorney insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys Rolling Meadows litigation lawyer Illinois corporate lawyer Palatine corporate attorney filing a medical malpractice claim probate lawyer Palatine civil litigation lawyer boating accidents Illinois workplace discrimination attorney probate claims process special needs trust Rolling Meadows employment law attorney Deer Park workers compensation lawyer pedestrian injuries, pedestrian fatality Kenilworth estate planning attorney Illinois traffic attorneys LLCs real estate zoning Rolling Meadows traffic law firm Illinois workplace lawyer Deer Park medical malpractice attorney power of attorney for healthcare Class A misdemeanor Inverness civil lawyer minimum wage traumatic brain injury landlord Des Plaines personal injury lawyer IRS marijuana whistleblower protections texting and driving trusts Crystal Lake estate planning lawyer real estate contract premises liability Long Grove wills and trusts attorneys power of attorney Arlington Heights estate planning attorney personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys Long Grove estate planning attorneys Inverness insurance attorney Deer Park DUI lawyer car accident lawyers Illinois employment law attorney Buffalo Grove personal injury lawyer employment contract Palatine Attorney Do Not Resuscitate startup company Arlington Heights lawyer Buffalo Grove employment lawyer fiduciary rule drugs Schaumburg elder law lawyer Crystal Lake medical malpractice lawyer jet ski accidents real estate attorneys construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation breathalyzer test Buffalo Grove medical malpractice lawyers Illinois traffic accident lawyer Buffalo Grove corporate attorney Chicago insurance law firm Illinois personal injury attorney Exclusions employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys Rolling Meadows traffic attorney Inverness traffic law firm Inverness real estate attorney Palatine employment attorney BUI motorcycle accident unfunded trust Illinois Transfer on Death Instrument civil litigation Kenilworth estate planning attorneys truck collisions Schaumburg Des Plaines real estate attorney medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers Transfer on Death Instrument Long Grove real estate attorney spinal cord injuries pet bites traffic deaths hit and run accident changes to mortgage law construction accidents probate fees Buffalo Grove insurance claim dispute lawyers Des Plaines claims law firm consent to a search Inverness real estate lawyer Des Plaines civil attorney Illinois business law atorneys wills and trusts Long Grove real estate lawyer Palatine probate lawyer healthcare FSLA Arlington Heights employment attorney Des Plaines drug lawyer jet ski overtime pay guardianship attorney wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace Arlington Heights wills and trusts attorneys installment contracts clemency Schaumburg employment law attorneys Illinois pet lawyer Illinois medical malpractice claim Illinois business lawyer Chicago traffic lawyer defective products lawyer drug possession DUI penalities Mount Prospect elder law attorney workers comp Palatine traffic accidents Des Plaines accident attorney Illinois employment laws swimming pools Kenilworth estate planning lawyer job lawyers paid sick leave rent to own real estate contracts Chicago attorney Illinois wills and trusts attorneys right to work Arlington Heights Attorney trucking accidents holiday statistics car collision Illinois Sales Representative Act Illinois employment law firm Crystal Lake traffic lawyer Arlington Heights personal injury attorney Detainer Actions Illinois employment law attorneys Deer Park motorcycle accident lawyer Crystal Lake bike accident lawyer Barrington employment law attorney employee discrimination civil rights violation condo preventable medical errors employee rights Mount Prospect real estate lawyer Inverness probate lawyer life insurance claims Schaumburg estate planning lawyer Arlington Heights pedestrian accidents marijuana crimes attorney Des Plaines medical malpractice attorney real estate closing Illinois LLC creation Illinois motorcycle accident lawyer Rolling Meadows insurance attorney commercial leases insurance negligence Retaliatory Discharge bike accident mortgage employment attorney in terrorem provision Crystal Lake tax lawyer workers compensation Schaumburg wrongful death attorney Policy Cancellation Palatine law firm Landlord Tenant Ordinance slip and fall accidents Rolling Meadows corporate lawyer investment property insurance claims Illinois personal injury lawyer workplace sexual harassment products liability Deer Park traffic lawyer modern family estate planning traffic violations cell phone tower data employment law texting while driving accidental death benefits probate Illinois real estate Food and Drug Administration's Food Safety Modernization Act Arlington Heights insurance attorney fatal car accidents Arlington Heights wills and trusts lawyers meal breaks Arlington Heights Traffic Lawyer Illinois civil litigation lawyer Inverness DUI lawyer probate process Arlington Heights injury attorney rumble strips traffic offenses Illinois wrongful termination lawyer criminal record insurance claim living trust Illinois job attorney personal injury attorney Illinois wills and trusts employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, fault based insurance traffic crimes Rolling Meadows boating crash lawyer motorcycle accident lawyer IRA trust transfer insurance claim denial Illinois will lawyer Deer Park employment law attorney boating under the influence first degree murder cell phone Crystal Lake pedestrian accident lawyer Illinois medical malpractice attorney Barrington civil litigation attorney Arlington Heights employment law attorneys Rolling Meadows insurance dispute lawyers, insurance dispute blended families Schaumburg Attorney employees Barrington injury attorney Illinois tax attorney car crashes personal injury claim Des Plaines insurance attorney Crystal Lake personal injury lawyer revenge porn living trust benefits Buffalo Grove law firm operating agreements wage theft medication errors liability claims Illinois personal injury lawyers Crystal Lake medical malpractice law firm Deer Park personal injury lawyer Buffalo Grove real estate attorney Illinois real estate lawyer traffic laws Rolling Meadows personal injury lawyers Schaumburg real estate lawyer Illinois insurance lawyer Palatine criminal defense lawyer workers compensation benefits BAC Liquor Control Act life insurance lawyer unpaid assessment dog bites Illinois medical malpractice case Illinois DUI attorney sole proprietorship denial of life insurance civil litigation attorney car crash injuries social media after death Joliet general practice lawyers Arlington Heights wills and trusts lawyer Illinois employment attorneys personal injury estate attorney employment lawyer employment law, Illinois employment laws Rolling Meadows Traffic Lawyer Illinois insurance claim attorney Inverness estate planning lawyer Illinois trusts attorney rollover accidents Schaumburg personal injury lawyers bad faith insurance claims creditors insurance claim denials Arlington Heights wills and trusts attorney Buffalo Grove personal injury attorney digital assets drug crime drug crimes Whistleblower Claims FMLA nursing home negligence Crystal Lake employment lawyer Crystal Lake law firm Des Plaines injury law firm homestead rights denied insurance claims POA liens Colin Gilbert dealing with problem employees corporate law Illinois estate planning Deer Park criminal attorney liability taxes School Visitation Rights Act trauma after an accident Arlington Heights criminal lawyer license Palatine corporate law attorneys Illinois estate planning attorney slip and fall Barrington employment law firm CAM deadly crashes Rolling Meadows criminal attorney sexual harassment landlord tenant law Barrington attorney Barrington criminal lawyer Illinois personal injury Illinois Probate Act of 1975 Rolling Meadows medical malpractice lawyers Illinois elder law attorney Illinois insurance claim dispute lawyers field sobriety test Affordable Care Act Schaumburg car accident attorney Rolling Meadows tax attorney Illinois construction accident attorney Rolling Meadows business lawyer work unions criminal privacy car accidents back injuries license revocation Deer Park accident attorney Palatine construction attorney Super Mario Mt Prospect Attorney Palatine workers compensation lawyer expungement Illinois medical malpractice lawyers Illinois driving without license Illinois insurance claims lawyers federal crimes Rolling Meadows insurance lawyer Chicago employment lawyer Rolling Meadows criminal lawyer Rolling Meadows insurance dispute lawyers Schaumburg drug defense lawyer trust payments Illinois home inspection Inverness corporate attorney no contest clauses Crystal Lake car accident lawyer Palatine civil attorney Buffalo Grove traffic attorney suspended license Barrington Traffic Lawyer Barrington estate planning attorney Illinois boating accident lawyer low-ball insurance settlement Chicago employment attorney trustee llinois Real Estate Lawyers Association car accident insurance denials Illinois Workers’ Compensation Commission problem employees breach of contract insurance denial appeals surgical mistakes Des Plaines motorcycle accident attorney Schaumburg employment attorney caregiver Long Grove estate planning Chicago trucking accident attorney Buffalo Grove car accident lawyer ACA Illinois trucking safety Illinois traffic attorney personal injury claims senior citizens Schaumburg corporate attorney pet law Crystal Lake medical malpractice attorneys estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers Rolling Meadows probate lawyer denied insurance claim pain and suffering bicycle dooring accidents independent contractor Illinois college kids Arlington Heights TBI attorney Rolling Meadows estate planning attorney Illinois workers compensation attorney criminal defense vacation home fines comp time insurance attorney Crystal Lake injury attorney Arlington Heights real estate lawyer spinal cord injury Illinois living will Palatine drug lawyer pedestrian-automobile accident federal regulations for LLCs Rolling Meadows Attorney Rolling Meadows employment attorney Riverwoods estate planning lawyer reckless homicide murder defense Federal Food Drug and Cosmetic Act foreclosure forming a corporation in Illinois child safety brain injury Arlington Heights traffic attorney loss of consortium eluding a police officer medical malpractice insurance adjusters insurance agents natural gas gift taxes unpaid overtime pizza emoji Illinois employment law digital evidence Employment Discrimination Law Illinois Wage Payment and Collection Act Chicago insurance claim attorneys BAIID Barrington litigation attorney medical malpractice compensation real estate Illinois probate lawyer Schaumburg insurance lawyers Illinois insurance disputes capital gains tax trucking accident lawyers Schaumburg personal injury attorney insurance claim dispute blood alcohol content Fair Labor Standards Act Forcible Entry Palatine injury attorney Illinois Smoke Detector Act Arlington Heights accident attorney residential real estate underage DUI Inverness personal injury attorney estate tax Schaumburg traffic lawyer Barrington employment attorney automated cars traffic violations defense driving Deer Park real estate law firm Rolling Meadows Palatine traffic lawyer Palatine business attorney Schaumburg estate attorney Des Plaines real estate lawyer Barrington drug crime attorney institutional trustee Long Grove estate planning attorney Rolling Meadows DUI lawyer Arlington Heights car accident lawyer dram shop law wrongful death Arlington Heights tax lawyer Illinois mortgages Illinois defective products attorney rest breaks disability benefits insurance disputes health insurance dispute Chicago will attorney Des Plaines pet law attorney Des Plaines Traffic Lawyer Des Plaines personal injury attorney employee misclassification Barrington personal injury lawyer Deer Park traffic accident attorney Illinois speeding lawyer elder law Illinois attorney home inspection lawyer mass shooting estate planning lawyer Rolling Meadows accident lawyer GM ignition switches Barrington boating accident attorney Rolling Meadows real estate attorney life insurance policy Schaumburg criminal law attorney Family Medical Leave Act Illinois red light cameras foreclosed rental property Palatine real estate lawyer underfunded trust ken apicella Illinois Human Rights Act overtime violations DMV Crystal Lake personal injury attorney involuntary manslaughter Self-Directed IRA Accounts Schaumburg personal injury lawyer Illinois law IRA benefits estate planning for college students Rolling Meadows marijuana attorney insurance dispute attorney anesthesia errors real estate attorney DGAA compensatory time appealing an insurance claim Illinois lawyer cell phone accidents natural gas explosion Illinois pedestrian accident attorney Illinois insurance attorney personal injury accidents drug crimes lawyer wills insurance dispute advance healthcare directive Illinois jet ski accident lawyer preventing accidents Des Plaines criminal attorney insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys Palatine estate planning lawyer Des Plaines DUI attorney Barrington estate planning lawyer murder controlled substance Thanksgiving fiduciary rule delay Rolling Meadows personal injury attorney speeding owner responsibility head on collisions elder abuse Chicago will attorney, social media platforms, Illinois estate planning lawyer, boating DUI Illinois rollover accident lawyers dynasty trusts pedestrian accident uninsured motorist severance agreements life insurance attorney fees Illinois traffic laws irrevocable trust Palatine insurance lawyer Illinois insurance claim dispute lawyer Palatine punch death DUI Colin H. Gilbert car accident lawyer medical malpractice claims Crystal Lake insurance lawyer Schaumburg civil litigation attorney car crash Crystal Lake criminal defense attorney manufacturing personal injury lawyer Barrington medical malpractice lawyers distracted driving accident victims Buffalo Grove probate lawyer healthcare claims Illinois injury lawyer business litigation license suspension Inverness accident lawyer icy parking lots Barrington real estate lawyer wrongful termination Rolling Meadows drug defense attorney real estate leasing commercial real estate digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers Chicago biking tips Jay Andrew estate planning trusts Buffalo Grove injury lawyer Palatine elder law attorney drunk driving statistics Buffalo Grove criminal defense lawyer TBI ObamaCare commercial leasing Des Plaines tax law firm Schaumburg probate attorney traffic tickets

Archive