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What to Do If a Construction Contract Is Breached in Illinois
May 7 , 2025

As a construction contract attorney in DuPage County, I’ve helped many clients who found themselves facing a serious problem: a builder, contractor, or subcontractor failed to live up to the terms of their agreement. 

Whether it’s unfinished work, poor workmanship, missed deadlines, or defective materials, a breach of a construction contract can leave you dealing with unexpected costs and long delays. If you’ve invested time and money into a building project and things aren’t going as promised, it’s important to understand your rights under Illinois law—and what steps you can take to protect yourself.

In Illinois, construction contracts are legally binding agreements. When one party fails to fulfill their part of the agreement, that failure can be grounds for a lawsuit. Construction contract disputes often involve both breach of contract claims and violations of the implied warranty of habitability or workmanship. 

Under Illinois law, there are several remedies available, including monetary damages, contract termination, or specific performance, depending on the circumstances of your case.

Understanding The Legal Meaning Of Breach Of Contract

A breach of contract occurs when one party does not perform as agreed in a signed construction contract. This might involve failing to complete work on time, using substandard materials, ignoring building codes, or walking off the job. For a contract to be enforceable in Illinois, it must include clear terms such as the scope of work, price, payment schedule, and time for completion.

When a builder or contractor fails to meet those obligations, the law allows the non-breaching party to pursue a legal remedy. Under 815 ILCS 505/2 of the Illinois Consumer Fraud and Deceptive Business Practices Act, a contractor can also be held accountable for deceptive practices or misrepresentations made during the sale or performance of the contract.

Builder Warranty Obligations In Illinois

Illinois law also recognizes certain warranties in construction projects, even if they are not explicitly stated in the contract. The most common is the implied warranty of habitability, which applies primarily to new residential construction. This warranty requires that the home be suitable for living and constructed in a reasonably workmanlike manner. Under Illinois case law (e.g., Petersen v. Hubschman Construction Co., 76 Ill.2d 31 (1979)), homeowners may sue builders if major structural defects exist, even without a written warranty.

Builders can also offer express warranties—written guarantees that spell out what repairs or coverage are provided for a certain period. If a builder fails to honor these warranties, that too can be considered a breach.

Steps You Should Take If A Construction Contract Is Breached

If you believe your construction contract has been breached, I recommend taking the following actions:

  • Review your written contract carefully, including any amendments, specifications, and warranty terms.
  • Document the problem with photos, timelines, communications, and receipts.
  • Notify the contractor in writing of the breach and give them an opportunity to correct the issue, if appropriate.
  • Contact a construction attorney to review your contract and assess your legal options.
  • Consider filing a claim in civil court or with the Illinois Attorney General’s Consumer Protection Division if fraud or deception is involved.

Breach Of A Construction Contract Frequently Asked Questions

What Counts As A Breach Of A Construction Contract In Illinois?

A breach may occur when the contractor fails to complete work, uses improper materials, misses deadlines, walks off the job, or fails to follow building codes. If their actions violate the terms of your signed agreement, you may have a claim.

Can I Sue My Builder If They Provided Poor Workmanship?

Yes. If the work is below reasonable industry standards or creates safety issues, you may have grounds for a claim under breach of contract or breach of warranty. Illinois law provides remedies for both.

Is There A Warranty For New Home Construction In Illinois?

Illinois recognizes an implied warranty of habitability for new homes. This means the builder is responsible for delivering a home that is livable and built in a workmanlike way, even if there’s no written warranty.

What Should I Do Before Filing A Lawsuit Against A Contractor?

Start by documenting all issues and reviewing your contract. Then, send a written notice of the problem to the contractor. If they fail to fix it, talk to an attorney who can assess your rights and next steps.

Can A Builder Limit Their Liability In A Contract?

Some contracts try to waive or limit certain warranties. However, under Illinois law, courts may not enforce a waiver of the implied warranty of habitability unless it is clear, knowing, and made voluntarily.

How Long Do I Have To File A Construction Contract Lawsuit In Illinois?

The statute of limitations for breach of a written contract in Illinois is typically ten years under 735 ILCS 5/13-206. For oral contracts, it’s five years under 735 ILCS 5/13-205. You should act quickly to preserve your rights.

Can I Recover Attorney’s Fees In A Construction Contract Dispute?

Only if your contract includes a clause allowing recovery of attorney’s fees, Illinois courts generally follow the “American Rule,” meaning each party pays their own fees unless the contract or statute says otherwise.

What If My Contractor Won’t Respond Or Walked Off The Job?

That can be considered a material breach of contract. You may be entitled to hire someone else to finish the work and seek damages for the extra costs through a lawsuit.

Does Illinois Law Protect Me Against Contractor Fraud?

Yes. Under the Illinois Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505/2), you can pursue damages if the contractor misrepresented services, failed to disclose defects, or engaged in deceptive conduct.

Can I Terminate A Contract If The Builder Breached It?

If the breach is serious and affects the purpose of the contract, you may be able to terminate the agreement and sue for damages. Always speak with a lawyer before taking this step.

Call Our DuPage County Construction Contract Lawyers For Legal Assistance

At Keller Law Group, LLC, we’ve worked with homeowners, developers, and contractors across Illinois to resolve construction disputes with confidence. If your project has been delayed, poorly executed, or outright abandoned, we’re ready to step in and help you protect your investment.

Contact our DuPage County construction contract lawyers at Keller Law Group, LLC, by calling 630-868-3093 to receive your free consultation. We represent clients in Chicago and throughout the state of Illinois. Let us review your contract and help you take action the right way.

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What To Do If You’re Facing Delays Or Non-Performance In Your Illinois Construction Project
April 8 , 2025

Construction projects involve strict deadlines and detailed contracts, but delays and non-performance can quickly derail progress. Whether you are a property owner, contractor, or developer, unexpected setbacks can result in financial losses, legal disputes, and unfinished work. Illinois law provides certain protections for parties involved in construction projects, including legal remedies for breach of contract and failure to perform. Understanding your legal rights under Illinois construction law is critical when addressing delays or non-performance. Whether the matter stems from supply chain problems, contractor mismanagement, or defective workmanship, taking immediate legal action can help enforce contract terms and keep the project on track.

Understanding Illinois Construction Contract Laws

Illinois law enforces construction contracts under 735 ILCS 5/13-214, which outlines legal claims related to construction defects, delays, and contract breaches. When a contractor or builder fails to meet agreed-upon deadlines, the contract itself serves as the primary tool for holding them accountable. Most contracts include provisions for project timelines, payment schedules, and warranties. If a contractor fails to perform, a property owner may be entitled to legal remedies, including damages for delays and compensation for defective work.

Common Causes Of Construction Delays And Non-Performance

Construction delays can occur for many reasons, including:

  • Contractor Mismanagement
  • Labor Issues
  • Material Shortages
  • Permit And Inspection Delays
  • Defective Workmanship

Regardless of the cause, Illinois law provides legal options to protect parties impacted by construction delays.

Enforcing A Construction Contract In Illinois

If a contractor or builder fails to meet contractual obligations, the first step is to review the contract terms. Illinois contract law allows for breach of contract claims under 810 ILCS 5, which governs contract enforcement. Most construction contracts include:

  • Payment Schedules 
  • Timeframe Requirements 
  • Warranty Provisions

If the contractor fails to meet these requirements, sending a formal demand letter may prompt corrective action. If not, legal action may be necessary.

Legal Remedies For Construction Delays And Non-Performance

Illinois law allows property owners to pursue legal remedies when a contractor fails to perform. Options include:

  • Breach Of Contract Claims – Under 810 ILCS 5, an injured party can seek damages for delays or incomplete work.
  • Mechanic’s Liens – Contractors and subcontractors can file liens under 770 ILCS 60 if they are unpaid, but owners can also challenge wrongful liens.
  • Construction Defect Claims – If work is defective, 735 ILCS 5/13-214 allows legal action to recover costs for repairs.

Taking legal action can help enforce contract terms and recover damages from non-performing contractors.

Steps To Protect Your Rights During A Construction Dispute

  1. Review The Contract – Ensure all agreed-upon terms are being followed.
  2. Document Delays And Issues – Keep detailed records of missed deadlines, incomplete work, and any communication with the contractor.
  3. Send A Formal Demand Letter – Notify the contractor of the issue and request corrective action.
  4. Seek Legal Counsel – If the contractor refuses to resolve the issue, filing a lawsuit may be necessary.

Illinois law protects property owners and contractors from contract breaches, and taking swift action can prevent further financial losses.

Illinois Construction Law FAQs

What Legal Rights Do I Have If My Contractor Is Delaying The Project?

If your contractor is responsible for delays, you may be entitled to damages under 810 ILCS 5 for breach of contract. Reviewing the contract for penalty clauses or liquidated damages provisions can help determine your legal options.

Can I Withhold Payment If My Contractor Fails To Complete Work On Time?

Yes, if your contract allows for withholding payments due to non-performance. Under 770 ILCS 60, Illinois law protects property owners from paying for incomplete or defective work. However, failure to pay without legal justification may result in a mechanic’s lien being filed against your property.

What Can I Do If The Contractor Walks Away From The Project?

If a contractor abandons the project, you can pursue legal action under 735 ILCS 5/13-214 for breach of contract. You may also be entitled to damages for additional costs required to hire a replacement contractor.

How Can I Prove That Construction Delays Are The Contractor’s Fault?

Maintaining records of project schedules, emails, invoices, and work logs can help prove that delays were caused by the contractor. Testimony from subcontractors, suppliers, or construction experts may also support your case.

What Should I Do If A Contractor’s Work Is Defective?

If the work does not meet industry standards, you can file a construction defect claim under 735 ILCS 5/13-214. Depending on the issue, you may seek repairs, reimbursement, or contract termination.

Can A Contractor File A Mechanic’s Lien Against My Property If I Refuse To Pay?

Yes, under 770 ILCS 60, contractors and subcontractors have the right to file mechanic’s liens for unpaid work. However, if the contractor fails to complete the project or performs substandard work, you may be able to dispute the lien.

What Happens If The Contractor Blames The Delay On Supply Chain Issues?

If supply chain issues are beyond the contractor’s control, they may not be liable for delays. However, if they failed to plan properly or mismanaged materials, they could still be responsible for financial damages.

Can I Terminate A Construction Contract If The Contractor Is Not Performing?

Yes, if the contractor is in breach of contract, you may have the right to terminate the agreement under 810 ILCS 5. The contract terms will outline specific conditions for termination.

What If The Contractor Refuses To Fix Construction Defects?

If a contractor refuses to fix defects, you can file a claim under 735 ILCS 5/13-214 and may be entitled to reimbursement for hiring a replacement contractor to complete the work.

Should I Hire A Construction Lawyer If I Am Facing Delays Or Non-Performance?

Legal representation is often necessary to enforce contract terms and recover financial damages. An attorney from our firm can review your case, send demand letters, and file legal claims if necessary.

Call Our DuPage County Construction Law Lawyers For Legal Assistance

If you are dealing with construction delays, defective work, or contract breaches, I can help protect your rights and enforce legal remedies under Illinois law. Whether you are a property owner, contractor, or developer, legal action may be necessary to resolve disputes and recover damages. 

At Keller Law Group, LLC, we represent clients facing construction-related legal issues and work to find efficient solutions that protect their investments. Contact our DuPage County construction law attorney at Keller Law Group, LLC, by calling 630-868-3093 to receive your free consultation

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The Implications Of State And Federal Data Privacy Laws For Businesses
March 11 , 2025

Data privacy laws are becoming increasingly complex, and businesses operating in Illinois must comply with both state and federal regulations. Failure to follow these laws can result in hefty fines, lawsuits, and reputational damage. Whether handling customer information, employee records, or financial transactions, businesses must take proactive steps to ensure compliance with data protection laws.

The Illinois Personal Information Protection Act (PIPA) (815 ILCS 530/) requires businesses to implement safeguards for consumer data and notify individuals in case of a data breach. Additionally, the Biometric Information Privacy Act (BIPA) (740 ILCS 14/) restricts how companies collect and store biometric data, such as fingerprints or facial recognition scans. On the federal level, businesses may be subject to the Federal Trade Commission Act (15 U.S.C. § 45), which prohibits unfair or deceptive data security practices.

Key Data Privacy Laws Affecting Illinois Businesses


Illinois Personal Information Protection Act (PIPA)

PIPA requires businesses to notify consumers if their personal information is compromised in a data breach. Companies must implement reasonable security measures to protect consumer data from unauthorized access, disclosure, or misuse.

Biometric Information Privacy Act (BIPA)

Illinois has one of the strongest biometric data privacy laws in the country. Under BIPA, businesses must:

  • Obtain written consent before collecting biometric data.
  • Provide disclosures on how the data will be used and stored.
  • Protect biometric data with reasonable security measures.

The Federal Trade Commission Act (FTCA)

The FTC Act grants the Federal Trade Commission (FTC) the authority to regulate deceptive or unfair data security practices. Companies that fail to protect consumer data may face enforcement actions and penalties.

State And Federal Data Privacy Laws Frequently Asked Questions

Does My Business Need To Report A Data Breach?

Yes, under PIPA (815 ILCS 530/), businesses must notify affected consumers if their personal information is compromised.

Can Customers Sue My Business For A Data Breach?

Yes, under Illinois law, individuals can file lawsuits against businesses that fail to protect their personal data.

How Does The FTC Enforce Data Security Violations?

The FTC investigates companies that engage in deceptive data security practices and can issue fines and cease-and-desist orders.

What Should Businesses Do After A Data Breach?

Businesses should immediately secure their systems, investigate the breach, notify affected consumers, and work with legal counsel to ensure compliance with state and federal reporting requirements.

How Can My Business Protect Biometric Data?

Businesses should limit the collection of biometric data, store it securely, and obtain written consent from individuals before use.

Call Our Chicago Business Law Attorneys For A Consultation 

Compliance with Illinois and federal data privacy laws is essential for protecting your business from liability. At Keller Law Group, LLC, I help businesses develop effective data protection strategies and navigate compliance challenges.

Contact our experienced Chicago business attorneys at 630-868-3093 to schedule a consultation. I represent businesses in Chicago and throughout Illinois, helping them avoid costly penalties and protect sensitive information.

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Non-Compete Agreements Post Illinois Freedom To Work Act
February 10 , 2025

The Illinois Freedom to Work Act, effective January 1, 2022, has significantly changed the landscape of non-compete agreements in the state of Illinois. Employers now face stricter guidelines when drafting and enforcing non-compete agreements. The Illinois Freedom to Work Act gives employees additional protections against overly restrictive non-compete agreement terms. At Keller Law Group, we frequently advise employers on navigating these changes to ensure compliance with the law. Understanding the new legal framework is critical for anyone involved in a non-compete agreement.

The Act limits the enforceability of non-compete and non-solicitation agreements, ensuring they are reasonable and not used to restrict an employee’s ability to work unfairly. Illinois law, under the Illinois Freedom to Work Act (820 ILCS 90), now requires employers to meet specific conditions for these agreements to be valid. The law particularly impacts employees earning lower wages and introduces additional requirements for consideration, notice, and fairness.

Key Changes Under The Illinois Freedom To Work Act

 

1. Income Thresholds For Non-Compete Agreements

Non-compete agreements are not enforceable for employees who earn less than $75,000 annually. This threshold will increase every five years until reaching $90,000 in 2037. These provisions will prevent employers from using non-competes to restrict lower-income workers unfairly.

2. Income Thresholds For Non-Solicitation Agreements

Non-solicitation agreements are not enforceable for employees who earn less than $45,000 per year. There will be incremental increases until the threshold reaches $52,500 in 2037. These thresholds protect employees who lack bargaining power in their employment contracts.

3. Reasonableness Requirements

For a non-compete or non-solicitation agreement to be enforceable, it must be narrowly tailored in scope, duration, and geographic area. Illinois courts assess whether the agreement protects a legitimate business interest without imposing undue hardship on the employee or harming the public.

4. Adequate Consideration

Employers must provide adequate consideration to employees in exchange for signing a restrictive covenant. Under Illinois law, adequate consideration means at least two years of employment or other substantial benefits, such as bonuses or promotions.

5. Mandatory Review Period

Employers must give employees at least 14 days to review a non-compete or non-solicitation agreement before signing. This makes sure that employees have sufficient time to understand the terms and seek legal counsel if necessary.

6. Attorney General Enforcement

In Illinois, the Illinois Attorney General has the authority to investigate and file lawsuits against employers that violate the Freedom To Work Act. This enforcement mechanism ensures compliance and provides additional protection for employees.

Illinois Non-Compete Agreement Frequently Asked Questions

What Is The Difference Between A Non-Compete And A Non-Solicitation Agreement?

A non-compete agreement restricts an employee from working for a competitor or starting a competing business within a specific time frame and geographic area. A non-solicitation agreement prevents an employee from soliciting the employer’s customers, clients, or employees after leaving the company.

How Does The Illinois Freedom To Work Act Impact Small Businesses?

The Act ensures that small businesses use non-compete and non-solicitation agreements appropriately. While it limits restrictions on lower-wage employees, it still allows businesses to protect legitimate interests, such as trade secrets and customer relationships, when agreements meet legal standards.

Are Non-Compete Agreements Signed Before January 1, 2022, Still Enforceable?

Yes, non-compete agreements signed before January 1, 2022, are governed by the laws in place at the time of signing. However, employers should review older agreements to ensure they remain reasonable and enforceable under current judicial interpretations.

What Happens If A Non-Compete Agreement Is Found To Be Unenforceable?

If a court finds a non-compete agreement unenforceable, it may modify the agreement to make it reasonable or strike it entirely. Employers should ensure agreements comply with the Act to avoid costly legal disputes.

Can Independent Contractors Be Subject To Non-Compete Agreements Under Illinois Law?

The Illinois Freedom to Work Act does not explicitly address independent contractors. However, courts generally apply similar standards of reasonableness to restrictive covenants involving contractors, particularly when income thresholds and legitimate business interests are at issue.

How Does The Act Affect Existing Employees Who Are Asked To Sign New Non-Compete Agreements?

Existing employees must receive adequate consideration, such as bonuses, promotions, or continued employment, to sign a new non-compete agreement. Employers must also comply with the 14-day review period requirement.

Call Our DuPage County Non-Compete Agreement Attorney For Legal Help

The Illinois Freedom to Work Act has reshaped how businesses and employees approach non-compete agreements. At Keller Law Group, LLC, we are committed to helping employers draft compliant agreements and assisting employees in understanding their rights under the law. Whether you need guidance on a new agreement or want to challenge an existing one, we are here to help.

Contact our DuPage County non-compete agreement attorney at Keller Law Group by calling 630-868-3093 to receive an initial consultation. With offices serving Chicago and all of Illinois, we provide personalized legal solutions to protect your interests and ensure compliance with state law. Let’s work together to address your non-compete agreement needs effectively.

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Common Mistakes That Can Invalidate Your Mechanics’ Lien In Illinois
January 7 , 2025

Filing a mechanics’ lien is a powerful tool for contractors, subcontractors, and suppliers to ensure they are paid for their work or materials. However, the process requires strict adherence to Illinois law, and even small mistakes can invalidate your lien. As attorneys who regularly handle mechanics’ lien matters, we know firsthand how challenging this process can be. Whether it’s missing a deadline, failing to include the necessary information, or not serving the correct parties, these errors can jeopardize your ability to collect payment. Understanding the common pitfalls can help you avoid costly mistakes and ensure your lien remains enforceable.

Illinois Mechanics’ lien laws, governed by the Illinois Mechanics’ Lien Act (770 ILCS 60/), are highly technical and demand careful compliance. Missing even one step in the process can result in losing the right to secure payment for your work. If you’re planning to file a lien or are concerned about protecting your rights, it’s critical to understand the common mistakes that can invalidate a mechanics’ lien and how to avoid them.

Missing The Filing Deadline

One of the most frequent mistakes is failing to file the mechanics’ lien within the required timeframe. In Illinois, the lien must be filed within four months after the last date of providing labor, materials, or services. Filing outside of this window could mean losing your lien rights. Additionally, if you want the lien to have priority over other claims, it’s essential to file within this four-month period, even though the law provides up to two years to enforce the lien.

Failing To Provide Proper Notice

Proper notice is a vital step in protecting your lien rights. For subcontractors and suppliers, Illinois law requires providing notice to the property owner within 90 days of the last date of furnishing labor or materials. Failing to provide this notice can result in the lien being invalidated. The notice must include specific details, such as the amount due, the name of the party who hired you, and a description of the work or materials provided.

Not Accurately Describing The Work Or Property

Another common error is failing to adequately describe the work performed or the property subject to the lien. The lien document must clearly state the work provided, the materials supplied, and the property’s legal description. Vague language or incomplete information can render the lien unenforceable.

Overstating The Lien Amount

While it may be tempting to include additional costs or future work in your lien, overstating the amount is a critical mistake. Illinois courts take these errors seriously, and an exaggerated lien can be invalidated entirely. Make sure your lien only includes the amount that is currently due and owed under the contract.

Filing A Lien Without A Proper Contract

Illinois law requires that a mechanics’ lien be based on a valid contract or agreement. Even if the contract is verbal, there must be evidence of its terms. Filing a lien without a proper contract can result in dismissal of your claim.

Ignoring Bonded Projects

For public projects or certain private projects, you may not be able to file a standard mechanics’ lien due to bond requirements. Contractors and subcontractors must understand whether a bond is in place and, if so, how to file a claim against the bond instead of the property.

Failing To Enforce The Lien

Even after filing a valid lien, it must be enforced within the legal timeframe. Illinois law provides a two-year statute of limitations for enforcing a mechanics’ lien. Failure to file a lawsuit to foreclose on the lien within this period can result in losing your rights to collect.

Illinois Mechanic’s Lien Frequently Asked Questions

What Is A Mechanics’ Lien?

A mechanics’ lien is a legal claim against a property to secure payment for work or materials provided for its improvement. It allows contractors, subcontractors, and suppliers to seek compensation if they are not paid under their contract.

How Long Do I Have To File A Mechanics’ Lien In Illinois?

In Illinois, for most lien claims you must file your lien with the recorder’s office within four months of the last date of providing labor or materials in order to have priority over other claims. However, you generally have up to two years to file a lawsuit to enforce the lien.

What Happens If I Miss The Filing Deadline?

If you miss the filing deadline, you may lose your lien rights entirely. Without a valid lien, you cannot use the property as security for payment, which makes it more difficult to recover what you are owed.

Who Must I Notify When Filing A Mechanics’ Lien?

If you are a subcontractor or supplier, you must notify the property owner, lender and other parties that may have an interest in the property within the statutorily required amount of days from your last date of work or delivery. The filing deadlines and notice requirements can be extremely confusing which is why you should always seek the assistance of an experienced mechanics’ lien attorney. The notice of claim for lien must include the amount due, the name of the party who hired you, a description of the work or materials provided together with other critical information.

Can I File A Lien Without A Written Contract?

Yes, Illinois allows mechanics’ liens to be based on verbal contracts, but there must be evidence of the agreement’s terms. Without a clear agreement, proving your claim may be more difficult.

What Can I Include In The Lien Amount?

The lien amount can only include the unpaid value of labor, services, or materials provided under the contract. Additional costs, future work, or inflated claims can invalidate the lien.

What If The Property Is Sold Before I File My Lien?

If the property is sold before you file your lien, you may lose your priority claim against the property. However, if you file within the statutory period and provide proper notice, your lien could still be attached to the proceeds from the sale.

What Happens If I Overstate The Lien Amount?

Overstating the lien amount can render the lien invalid. Illinois courts take a strict approach to this issue, so it’s crucial to ensure the lien reflects the accurate amount owed under your contract.

Contact Our Chicago Mechanic’s Lien Attorney For Legal Help

If you’re dealing with legal matters related to a mechanics’ lien in Illinois, it’s important to take immediate action to protect your rights. At Keller Law Group, LLC, we are dedicated to helping contractors, subcontractors, and suppliers secure the payment they are entitled to. Whether you’re filing a lien, disputing a claim, or need guidance through the process, we are here to provide the legal support you need.

Contact our Chicago mechanic’s lien attorney at Keller Law Group by calling 630-868-3093 to receive an initial consultation. Our firm represents clients in Chicago and throughout Illinois, ensuring their lien rights are protected every step of the way.

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Understanding the Illinois Home Repair and Remodeling Act
December 10 , 2024

Construction projects in Illinois involve substantial investments and therefore it is important to understand your legal rights and obligations under Illinois law. Illinois law offers protections through various statutes and legal doctrines that govern construction warranties and consumer rights. For example, the Home Repair and Remodeling Act (815 ILCS 513/) emphasizes that safeguarding the life, health, property, and welfare of Illinois citizens renders the home repair and remodeling industry a matter of public interest. Our goal is to explain these laws to help you make informed decisions regarding construction-related matters.

Implied Warranty Of Habitability

In Illinois, an important legal rule called the implied warranty of habitability ensures that new homes are built properly and are suitable for living. This rule plays a key role in construction law.. This warranty was established by the Illinois Supreme Court in Petersen v. Hubschman Construction Co., 76 Ill. 2d 31 (1979), a landmark case that set a precedent for the construction industry. The warranty automatically applies to the sale of new homes, even if it’s not explicitly mentioned in the contract, and holds builders accountable for defects that may not be immediately apparent but affect the home’s livability.

Illinois Consumer Fraud and Deceptive Business Practices Act

Also, the Illinois Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505/) protects consumers from unfair or deceptive practices in the construction industry. This law prohibits contractors and builders from committing fraud, misrepresenting facts, or deceiving clients at any stage of the construction process. If you’ve been misled or harmed by such actions, the statute provides a legal way for you to seek remedies, helping you feel secure in your dealings.

Time Limitations

Under 735 ILCS 5/13-214, you must start legal actions related to construction defects within four years of discovering the defect, but no later than ten years after the construction project is completed. This means acting promptly is essential to protect your right to pursue economic compensation.

Navigating these complex laws can be difficult. Our goal is to assist you in interpreting how these statutes apply to your specific situation. Whether you’re a homeowner facing construction defects or a builder seeking clarity on your obligations, we’re here to provide the legal support you need.

Illinois Construction Warranty FAQs

What Is The Implied Warranty Of Habitability In Illinois?

The implied warranty of habitability is a legal principle that ensures new homes are safe, structurally sound, and suitable for living. Established in Petersen v. Hubschman Construction Co., 76 Ill. 2d 31 (1979), this warranty holds that builders and sellers are responsible for delivering homes free from latent defects that could affect habitability. Even if your purchase contract doesn’t mention this warranty, it still applies. If you discover significant issues like structural problems, faulty plumbing, or electrical defects after moving in, you may have legal recourse to have these issues corrected or to receive compensation.

How Does The Illinois Consumer Fraud And Deceptive Business Practices Act Protect Me?

The Illinois Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505/) safeguards consumers against unfair, misleading, or deceptive actions by businesses, including those in the construction industry. If a contractor misrepresents the quality of materials, performs shoddy work, or engages in fraudulent billing, this statute allows you to file a claim against them. Remedies under this act can include actual damages (compensation for the actual financial loss), punitive damages (additional compensation to punish the wrongdoer), and attorney’s fees. It serves as a powerful tool to hold dishonest contractors accountable and to help you recover losses resulting from their misconduct.

At Keller Law Group, LLC, we’re committed to helping clients navigate the complexities of construction law in DuPage County and the Chicago area. Understanding your rights under Illinois construction warranties is essential to protecting your investment and ensuring peace of mind. Our experienced attorneys are here to provide the guidance and representation you need to address any construction-related concerns.

Contact Our Dupage County Construction Law Attorney For Legal Assistance

If you’re dealing with construction defects or have questions about your rights under Illinois law, contact our DuPage County construction law attorney at Keller Law Group, LLC, by calling 630-868-3093 to receive your free consultation. We represent clients throughout the Chicago area from our offices in Naperville, Aurora, and Wheaton, Illinois. Let us assist you in finding a resolution that safeguards your interests and provides the support you deserve.

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