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

Web Admin - Monday, April 08, 2013

By: Jay A. Andrew


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


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