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