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


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