Legal Question in Construction Law in Illinois

Contractor asks for more money after being paid 25% above bid to complete work

I am having a crawl space under my house excavated and make into a basement. Verbal agreement for the time frame was 3 months maximum. Work started on March 4, 2006. After giving the contractor 25% above the bid, I was told that they can not finish the job till they get more money from either another job or from me. Work has stopped since last 1.5 weeks.

All members of my family are now falling ill and have been through at leat 2 different antibiotoc courses. The physician has given a letter stating she suspects mold from the stagnant water pockets under the house.

When I complained to the Village I found the Contract I signed was based on line items and the one presented to the Village stated half down half upfront.

Even after the Village asked them to remove the water, someone came and placed a sump pump in the tranch and turned it on (6/21/06). I was told someone would come in and move the sump pump around to get all the water out. No one has sown up as of 6/24/06.

Can someone please provide me with help and guidance? If I have to litigate to get the work completed the Contractor is Licensed and bonded.


Asked on 6/24/06, 9:34 pm

1 Answer from Attorneys
Zedrick Braden III Ainsworth & Associates PC

Re: Contractor asks for more money after being paid 25% above bid to complete work

Hello. I can see you have quite a problem. Your

only recourse is to file a lawsuit for breach of

contract, or you might have to seek equitable relief from the court. In other words, you would

ask a Chancery court to order the contractor to

restore the area below your home. In Illinois

the Chancery Court is the court of equity where

you attempt to get a "fair" remedy because there

is no legal remedy. In your case, money damages

may not cure your problem because getting the money award could take 6 months to a year and your family would be exposed to the health risk for that length of time. There are a few more

issues that you need to be aware of.

Read more
Answered on 7/02/06, 1:39 pm


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