Legal Question in Construction Law in Illinois

While an argument can be made that you still hold "title" and ownership to the materials, the general rule of thumb is that ownership is transferred upon delivery. There can be many instances where this may not apply depending on specific facts and the wording of contracts. I would suggest filing a mechanics lien and have a court order your right to the materials before attempting to repossess the materials. Be advised that the clock starts to run on your last day at the job (which may have already occurred if there is a dispute and you are not allowed back for some reason) and you have a limited time to act. I suggest that you discuss the matter with an attorney who handles construction litigation and mechanic's liens to throughly go over the details and your options. Feel free to contact me with any questions at [email protected]

You also may have a 'tortious interference with a business contract' claim as well as defamation against the other contractor. Probably a very good idea to contact an attorney who handles construction law cases.

The goal is to get your $ and keep your name:

1. Subject to your construction contract, you have the right to file a mechanic's lien once materials are incorporated into a job. No, removal is not a remedy in Illinois as such. If you've missed the lien dates you still have your contract rights, of course.

2. You have the right to legal action against the "other" contractor as suggested above; your rights may be affected by your contract with the owner, and your contractual relationship, if any, with this other contractor.

3. If you are correcting the other contractor's work, either as punch-list per your contract or as a courtesy (this is called volunteerism) you need the owner to acknowledge that you are not correcting YOUR work but the OTHER contractor's (in addition to making good on the check), or you may be in a situation where by doing any such work you are admitting that your company was the one that screwed things up -- in construction law by doing the work that "destroys" evidence of bad work, you can severely impair your case, and/or it could be evidence of a settlement that may become inadmissable.

At the very minimum an attorney should help you craft a communication to the owner to keep things favorable to you, and that could include a letter to the "other" contractor to retract any derogatory statements or be faced with litigation too.....

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is currently licensed to practice law actively only in the State of Illinois, inactively in Florida. Responses are based solely on Illinois law unless stated otherwise.