Legal Question in Business Law in Illinois

Re: misinterpretation of contract

Your options are 1)To sit down with the contractor and reevaluate the contract and add

an addendum to the contract-stating exactly what

you will do and what the contractor would like to

be done. 2)Tell the contractor that there is an impasse and you would like to resolve this before

it reaches a stage that would not be beneficial

to either parties. If neither options work then

I would suggest that you consult with an attorney

as to small claims court if the dollar figure warrants it. Please be aware that the answer to

your question, is hypothetical and other resoultions could possibly be more in order.

Please remember that there is a statute of

filing limitations and other remedies may be

best for your situation.

Wilburn J. Bingaman

Re: misinterpretation of contract

In my experience, some unscrupulous developers try to keep their costs down at their supplier's expense. I understand the common meaning of window cleaning is to clean the glass. The contractor is asking you now to also clean the casements and window sills.

If there continues to be a disagreement about your price for performance, I recommend that you either change your price for work going forward, or stop work, and advise the contractor that you are not going to work at half price.

Your options are to sue him, preferrably in small claims court, for the difference between what you were paid and what you believe your contract price to be. YOu may also record your mechanic's lien against the property, but that has to be done within 4 months of your last day of work on site, and you then have to bring suit to enforce the lien within 2 years. YOu should consult an attorney about the form of contract you are using, and your rights in these circumstances to a mechanic's lien, and how to enforce it.

Our comments are based on treating your question as a hypothetical. Accordingly, our comments could be substantially and materially different were we advised of all of the relevant facts and circumstances. Our comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with us or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

We are not hired to be your attorney, and no attorney-client relationship exists between us, unless and until you enter into a written retainer agreement with us, tender the agreed amount for a retainer and it is accepted by us. We reserve the right to decline representation should circumstances change.

As you are aware, in Illinois there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.