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


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