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

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

Archive