Legal Question in Construction Law in Illinois

I signed a contract on 06-22-2011 for some one to install a privacy fence on my property. The contract states that the first payment was due upon signing the contract. The final payment is due upon completion of the work. I was giving the run around of the start date. The job finally started on 07-16-2011 and was not conpleted. As of today 08-11-2011 I have tryed contacted the labor with no response. Even though I havnt paid the finally payment is there a time frame where the contract is void and I can get another company to come and complete the job.


Asked on 8/11/11, 10:58 am

1 Answer from Attorneys
Stephen Messutta

Have an attorney look at the contract. If there is no time stated for completion, a reasonable time might be implied but before you go out and hire someone to complete the work I would also recommend a formal contract notice of anticipatory default with an opportunity to cure within a fixed amount of time, and the contract may even provide for that kind of way of handling things. Otherwise, unless there's something else going on, no, just because the contractor breaches the contract (if he did) doesn't necessarily mean it's "void".

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Answered on 8/11/11, 11:07 am


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