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

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

Archive