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


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