In Illinois, if a person believes that a contractor has violated the agreement they had with them or failed to meet their obligations, they may file a lawsuit against the contractor.
A person would be entitled to different types of damages when they sue a contractor, depending on the facts of their situation. They may be entitled to actual damages, such as the cost to repair or complete the work that the contractor may have failed to complete. A person might also be entitled to punitive damages if circumstances justify them. Punitive damages might be appropriate if a contractor committed fraud or acted with malice or gross negligence.
Illinois has a law that is designed to protect homeowners who hire contractors to do work on their homes. This is known as the Home Repair and Remodeling Act (HRRA). A local attorney in Illinois would know more. One of its requirements is that a contractor must provide notice to homeowners or other customers as follows:
- For every contract over $1,000.00, the contractor must give the customer a written contract, which must contain the following:
- The total cost, including the charges for any parts or materials that will be used and any charge for an estimate;
- The business name and address of the contract who performs home repair and remodeling;
- If that business address is a P.O. box, Mail Receiving Service, or designated agent for receiving correspondence, the person must list their residence address on the contract;
- Most importantly, the contractor must provide the customer with a consumer rights brochure entitled “Home Repair: Know your consumer rights.” This brochure informs the customer of their rights and defines some of the terminology that might be included in the contract.
In addition, the contractor must inform the customer in writing of any subcontractors who may work on the project. If the homeowner requests it, the contractor must provide a statement in writing under oath that lists the names and addresses of all subcontractors who provided services and the amounts of money that would be owed to each one.
If a contractor fails to comply with the requirements of the HRRA and the customer suffers actual economic harm as a result, the customer may sue under the Illinois Consumer Fraud Act, This act allows the customer to recover their attorneys’ fees also, if their case is successful.
What Are Some Legal Claims That Can Be Filed Against a Contractor?
One of the claims that a person is likely to make against a contractor is breach of contract. Under Illinois law, breach of contract is the failure of one of the parties to perform as agreed upon and in the manner specified in a contract. So, if a person is suing a contract for poor workmanship, for example, they would claim breach of contract in their lawsuit.
Examples of actions on the part of a contractor that might breach a contract are as follows:
- The contractor performs only part of what they promised to do;
- The contractor fails to deliver within the time that the parties agreed upon;
- The contractor does not deliver at all or in an agreed-upon manner. This can happen. A contractor may collect a down payment on a job and then disappear.
A person must prove the four elements of a breach of contract if they want to succeed and collect damages. First, the person needs to prove that they had a valid contract with the contractor. Generally speaking, a contract is valid when one party makes an offer, the other accepts it, and there is an exchange of something of value, often the payment of money.
A contract may be written or oral. It may be expressed or implied from circumstances. Note that this means that oral contracts or implied contracts may be perfectly valid.
In addition to a claim for breach of contract, under the Illinois Consumer Fraud Act, a consumer may file a lawsuit if a contractor engages in a practice that is unfair or deceptive. A practice that is deceptive is generally understood to be fraudulent. A practice that is unfair is understood to mean one that harms consumers in a way that is unjust or unreasonable.
The deceptive or unfair practice must cause significant harm to the consumer. The harm could be financial, but it may have a different character. In addition, it must not be outweighed by any potential benefits or justifications offered by the contractor.
Can I Sue a Contractor Without a Contract?
If a contractor performs work for a person at the person’s request, the person has a contract with the contractor. The contract may not be in writing, but a contract does not have to be in writing in order to be valid. Contracts may be oral. Contracts do not have to be expressed in words or in writing. They may be implied by circumstances, although that is unlikely in the situation in which a person hires a contractor.
If a person does not have a written contract with their contractor, it is probably the case that they have an oral contract with the contractor. That is because they talked about the project that the contractor was hired to complete, even though they did not put their agreement in writing.
However, when hiring a contractor, a person has the right to a written contract, and it would be best to have a written contract. A good contract would specify the scope of work the contractor is to perform. Scope of work is simply the work that the contractor is supposed to do. It may also include exclusions, i.e., specific things the contractor is not going to do.
A written contract should also include the timeline for the project and of course the price that is to be paid. This contract should also include the schedule according to which payment is to be made and a list of materials to be used. It might specify that there are to be no substitutions of materials, if material quality is important to the customer.
Putting a contract into written form helps prevent misunderstandings and is also helpful if there is a dispute, especially one that ends up in a court of law.
How Do I Sue for Breach of Contract?
A person would want to try several other options before filing a lawsuit against the contractor. This is standard in the case of any lawsuit. One of the options is to try to negotiate a settlement. Another option would be to try an alternative dispute resolution procedure, e.g., mediation, with the contractor. Of course, if none of these options are successful, then a person would have to think about going to court.
A person’s first step is to gather all evidence they have that supports their claim. This includes contracts, invoices, receipts, and any communication with the contractor, such as emails or text messages. It is also important to document any damages that were caused by the contractor’s negligence or breach of contract.
To file a lawsuit against the contractor, a person would need to prepare a complaint. Filing the complaint with the clerk of the court and serving the complaint and a summons on the defendant contractor begins a lawsuit. A person would have to select the court in which to sue. A person can sue for up to $10,000 in the Illinois Small Claims Court. People with claims above that limit should file in a district court.
Once the paperwork is filed, the contractor will have a certain amount of time to respond. If they do not file an answer within the time allowed, a person may get a judgment against them. A judgment that a person wins because the party they sued does not respond is known as a default judgment. If the contractor does respond, the case moves on to the pre-trial phase and a date for trial is set.
How Much Does It Cost to Sue a Contractor?
This is a question that cannot be answered with specificity. How much it costs depends on a number of factors. If a person hires an attorney to represent them, the cost would depend on how much the attorney charges and how much time the attorney must devote to the case before it can be resolved. That is because an attorney is likely to charge an hourly fee for their service.
As noted above, if a person sues a contractor per the Illinois Consumer Fraud Act, they would be able to recover their attorney’s fees if they are successful.
What Is the Statute of Limitations for Contract Disputes?
If a person sues for breach of a written contract, the statute of limitations is 10 years. If the contract the person has with their contractor is an oral one, the statute of limitations is 5 years. The statute of limitations for action brought under the Illinois Consumer Fraud Act is 3 years.
Do I Need an Attorney to Sue a Contractor?
If you have a substantial issue with a contractor, you want to consult an Illinois contract lawyer. LegalMatch.com can connect you quickly to a lawyer near you who is ready to take on your case and make sure your rights are protected.
