Understanding the Illinois Home Repair and Remodeling Act
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.