Legal Question in Construction Law in Illinois

We sealcoated a driveway for a customer at a cost of $180.00. She wants us to make her old driveway brand new. Since we could not do this, she wants her entire $180.00 back. We have been

to her home twice and she still calls yelling about her money. She wants ALL of it. I told her that

we weren't going to give any of it back. Now she is threatening BBB and says she is going to get

an attorney. Her driveway looks better then it did before we sealcoated it. Of all the driveways and

parking lots we have done, she is the only complaint. I don't know what to do......

Thank you.


Asked on 10/15/10, 6:34 am

2 Answers from Attorneys
Thomas Moens Moens Law Offices, Chartered

BBB complaint: I would not worry about it. If she does, and you are worried about it, just respond honestly. The BBB cannot do anything but put factual information on their website. Take a look at it. Not much to worry about, right?

Attorney: I would not worry about it. Her filing fee is going to be at least $100, which she can only get back if she wins the lawsuit. I cannot imagine any attorney is going to take this case for less than several hundred dollars, at least some of which will probably be required in advance. Unless there is a written agreement to the contrary, you will not be required to pay her attorneys fees even if she wins. So, it will cost her more to sue you than the claim is worth.

Read more
Answered on 10/20/10, 9:10 am
Stephen Messutta

If you can take a few pictures of the end result, even if you don't have the "before", something is better than nothing - be careful about "trespass". Otherwise I agree; the best she can do is file the case herself and if she wins the most she would get back is the $180 plus cost of filing the suit and serving you, and if you can prove you did improve the property, she may not get back all of the $180 either. But I suspect a judge would find her expectations were unreasonable and if you win you get your court costs -- no attorney fees. But it could take months for this to happen although it sounds as though she may have nothing better to do..... Maybe one way to end all the grief is promise her a "touch-up" next year at a discount. As to BBB, same -- just be honest and they will go away. If she stops payment on the check.....you may be able to file a mechanic's lien depending on timing.

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.

Read more
Answered on 10/22/10, 8:23 am


Related Questions & Answers

More Construction Law questions and answers in Illinois