Legal Question in Construction Law in Illinois

Unknowingly hired unlicensed roofing contractor in Illinois

Partial payment in advance to contractor.

Contractor did not perform work.

I refused further payment.

Contractor filed lien/suit seeking damages.

1. Is contract invalid since contractor not licensed, acting unlawful, and therefore unenforceable?

2. Is contractor unable to file suit since contract unenforceable and invalid?

Thank you.


Asked on 12/09/14, 12:54 am

1 Answer from Attorneys
Stephen Messutta

Why bother with the license issues? If the contractor didn't perform, you should get your money back and if you have to pay more for another contractor to do the work, you should sue for the difference. But yes if the contractor was not licensed he was not legally allowed to perform the work and you should have a good defense. If is called an affirmative defense - you have to bring it up.

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Answered on 10/09/15, 9:08 pm


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