Legal Question in Construction Law in Illinois

My name is Marlieta. My house caught on fire in September of 2009. I hired a public adjuster (All Pro Restoration) who hired a subcontractor to do the work on my house. My insurance company paid All Pro in full, but All Pro didn't pay the subcontractor. I was served a summons today because the subcontractor is suing me for the $49,000 that All Pro didn't pay him. I need to know if I am liable for paying this man considering I didn't sign a contract with him directly.


Asked on 2/18/12, 3:24 pm

1 Answer from Attorneys
Stephen Messutta

1. Did All Pro provide you all the right waivers for the work?

2. Is All Pro disputing the amount on your behalf because there's something wrong with the work or with that subcontractor's invoices?

3. Did the subcontractor provide a waiver?

4. Did the subcontractor file a lien?

5. Is this a lien foreclosure action or just a contract action?

6. You should have an attorney review this but it is possible that at a minimum All Pro breached its contractual obligations to you (a written contract would have been nice but if they undertook all the responsibilities you say then a "fully integrated contract" may not be necessary) and you can countersue them for breach of contract, or perhaps they committed fraud, in which case your options may be expanded.

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Answered on 2/19/12, 12:38 pm


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