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


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