Legal Question in Construction Law in Illinois

Furance & air installation problems

9-28-06 hired contractor to install new furance and air. 11-4-06 fired him due to him not completing job in timely manner and many other issues.I have not discovered that his work was not done properly,ducts not insulated, furance too large for home,etc. what recourse do I have? contract was not very detailed. this is going to cost me a great deal to fix or have to start again. i have already paid him over $6,000.00.


Asked on 1/04/07, 10:52 am

1 Answer from Attorneys
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: Furance & air installation problems

In cases like this if the contract was not very detailed, the courts look to the customs and trade of the industry for guidance. Since you have already fired him, then it is not that simple. In the normal course of business you would give the contractor legal notice of the deficiencies in his work with a specified time of cure. If he did not perform in the time of cure then you could seek substitute performance from another contractor and sue the contractor for the sdditional costs.

Having a furnace sized too big is better than having one too small. What you may want to do is have a HVAC engineer look at the issue and advise you the proximate cost to fix. Notify the contractor if he refuses to perform, then you need to hire local counsel to assist you in these matters.

This is about the extent of things you can do on your own without hiring an attorney.

Good luck!

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Answered on 1/04/07, 11:02 am


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