DGAA bLAWg

The Illinois Home Repair and Remodeling Act – Where do we stand?

Web Admin - Monday, April 08, 2013

By: Jay A. Andrew

http://www.dgaalaw.com/jay-andrew.html

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


Tags

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

Archive