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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 29113
Experience:  29 years in civil, probate, real estate, elder law
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I live in Illinois and I hired a friend to tear off my roof

Customer Question

I live in Illinois and I hired a friend to tear off my roof and then shingle the roof. We did not have a written contract. We agreed on a price of 4500 for him and 888 dollars in materials. The tear off of the roof went off without a hitch and I paid him 2200 dollars. The agreement was to pay the other 2300 when the roof was complete. After two days of installing shingles I noticed he did not know what he was doing with installing shingle, I have several picture of places on the roof I have to fix do to it not being done correctly, that did not bother me as much as him being so far off on materials. I could see that materials cost were going to be in the range of 2500 dollars. He had said 35 to 39 bundles. It ended up being 70 bundles. I let him go, paid him 800 more dollars for his time. Total I gave him was 3K. He is now contact a lawyer asking for the rest of the money on a job he did not complete. Does this protect me? Illinois contractors who are owed money pursuant to oral contracts with their customers may be breathing a bit easier these days. The Illinois Supreme Court recently held in K. Miller Construction Company, Inc. v. Joseph J. McGinnis et al., No. 109156, 2010 WL(NNN) NNN-NNNN at *1 (Ill. Sept. 23, 2010),1 that the Illinois Home Repair and Remodeling Act (815 ILCS 513/15 (West 2010) (the “Act”) does not preclude contractors from trying to enforce oral contracts for home repair or remodeling work for over $1,000. This decision reversed the appellate court’s decision that such oral contracts were unenforceable because they violated the Act’s requirement that “

rior to initiating home repair or remodeling work for over $1,000, a person engaged in the business of home repair or remodeling shall furnish to the customer for signature a written contract or work order.” Id. at *3. The Court’s decision also has the added effect of clarifying that contractors may maintain an action to foreclose their mechanic’s liens pursuant to such oral contracts.

Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

RayAnswers : Thanks for your question and good afternoon.My sympathy here for your situation and dilemma.
RayAnswers : You are not understanding this case.What it held here was that a contractor is not barred from suing for an oral contract under the law.
RayAnswers : That does not mean that they will prevail only that they can sue here.You have the right to contest any such claim.I would suggest you consider responding to the lawyer here setting out your side of events as well as copies of the pictures you took.That may deter any further action here by the roofer.
RayAnswers : Here is reference to that case above with a good explanation of it.
RayAnswers : http://www.tomlinson-law.com/construction-lawcases/
RayAnswers : You may certainly have a good set of facts to defend any claims including a mechanics lien here.
RayAnswers : I am wondering is this person has a roofing license.You may want to report him for that issue--either he wasn't licensed or he wasn't doing a professional job here..
RayAnswers : Here is the agency that issues licenses and regulates them.
RayAnswers : IDFPR Main Offices Springfield Office Chicago Office 320 West Washington StreetSpringfield, Illinois 62786Phone: 217 785 - 0820Toll Free: 1-888-4REGUL8 (1-888-473-4858) 100 West Randolph, 9th FloorChicago, Illinois 60601Phone: Please check back later - phone is being updated.Toll Free:1-888-4REGUL8 (1-888-473-4858) For all Professional Licensing and Real Estate questions please call 1-800-560-6420
RayAnswers : Also you should file a consumer complaint with the Attorney General of your state..
RayAnswers : http://illinoisattorneygeneral.gov/consumers/filecomplaint.html
RayAnswers : It has been my pleasure to assist you today.Please let me know if you have more follow up.Thanks again.
RayAnswers : I hope that you will be so kind as to leave a positive rating. If you do have any additional questions about my answer please click the "Continue Conversation Link" so I can provide you with a fully satisfactory answer. Please be aware that any rating of 1 or 2 is reflected as a negative rating and I receive no credit for my answers.This communication does not establish an attorney client relationship here.Information provided is not legal advice. Rather it is simply general information.
Customer: Thank you for the response. I understood that contractors still have the right to legal action per the case. I thought that same case also stated that oral contract above 1000 dollars are to have a written contract. Thanks for the response.
Ray, Lawyer
Category: Legal
Satisfied Customers: 29113
Experience: 29 years in civil, probate, real estate, elder law
Ray and 7 other Legal Specialists are ready to help you
Expert:  Ray replied 1 year ago.
It just says that the Act here does not bar a claims over $1k if it is an oral contract.But again they may not be able to prove that there was a contract or that it was good and proper work.Also if they were unlincesed they cannot roof for money here.

Good luck and thanks so much for letting me help you.

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