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

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

Archive