Legal Question in Construction Law in Illinois

We had our roof replaced in 2014, The contractor that we signed the contract with to do the job hired a subcontractor roofing company to do the job. The city permit is listed under the subcontracted roofers license#. The subcontracted roofer quit the job after 2 days, so the main contractor had to find someone else to do the work for him. Now we have a leak in our roof. Since the subcontracted companies license number is on the city permit, can they be held responsible for the roof also? Terri


Asked on 3/04/16, 11:17 am

1 Answer from Attorneys
Stephen Messutta

You signed a contract with a general contractor. Someone would have to look at the contract, but "generally" unless the general went under, and unless the contract allows you to go after the sub (atypical), your recourse would be against the general. At the same time, the contract may only have given you a year warranty on the labor (install), but there should be a longer warranty on the material. Have the manufacturer come out an assess the situation. While it is highly probable they will say it is NOT the material that failed, but that the installation was defective, you may have a claim against the manufacturer, but their warranties usually only cover replacement of the defective material and NOT the labor to re-install. Have an attorney review the contract you signed for an opinion you can rely on; these are only thoughts based on your brief statement and not based on your contract.

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Answered on 3/06/16, 8:18 am


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