Legal Question in Construction Law in Illinois

My builder put the fireplace too close to a side wall

We purchased our home at a new home developement from a reputible builder. It turns out that our fireplace is too close to a side wall and needs to be moved. They are willing to move it but it promises to be a major inconvenience for my wife and I. They are telling us it will take at least a week to complete. Someone is going to have to take time off from work to provide them access. What should we do ? Neither one of us can afford to take unpaid time away from work. Not to mention that our house is less than a year old and we aren't pleased about a major remodel that is just to cover a mistake that they made. Any help is greatly appreciated.


Asked on 12/16/02, 3:22 pm

1 Answer from Attorneys
Kenneth J. Ashman Ashman Law Offices, LLC

Re: My builder put the fireplace too close to a side wall

You have a damages claim against the contractor or architect, if you used one. The damages would include lost work for trying to remedy the problem.

On the practical side, the builder is attempting to correct the problem (I assume for no charge, including no charge for materials). You could ask him to pay you for your lost time, but you don't want to scare him off from making the repairs in the first place. Depending upon how much money one week's pay is worth, you might consider initiating suit (after the repairs are completed). Assuming you do not earn a fortune, one week's pay will probably not be worth the effort, although small claims court is always a possibility.

-- Kenneth J. Ashman; Ashman Law Offices, LLC; www.lawyers.com/alo

This communication is for general informational purposes only. No attorney-client relationship has been created by this communication.

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Answered on 12/26/02, 8:53 pm


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