Legal Question in Consumer Law in Illinois

In 2007, I had a stamped concrete patio poured at my home. Within 6 months, the patio was cracking and had areas of discoloration. The concrete company was called and they came back an touched up the areas. In 2008 and 2009, the same problem occurred and the concrete company again touched up the flaws. In 2009, the concrete company stated they had several patios with this problem. They said the sand that was used in the cement was of poor quality. The company that poured my patio said they were seeking legal action against the sand provider. I was advised my patio needed to be replaced, but I would have to pay for the replacement. I was told that the patio would not be replaced free of charge. I agreed to pay for the labor. I have spoken to the concrete company at least a dozen times and each time I was told my patio would be replaced in a couple of weeks. These calls started in April 2010 and as of October 2010, my patio is still deteriorating. Now my calls are not returned. I am furious and want to know if there is any legal action I can take. I don't think I should have to pay anything for the replacement, since the patio's deterioration was caused by faulty material. I understand the quality of sand provided was unknown to the concrete company. My pation should be replaced at no charge and the concrete company should seek reimbursement from the sand supplier. Is there any course of action I can take and do I have a strong enough case to take this to court? Is it likely that I would ever receive reimbursement?


Asked on 10/01/10, 4:58 am

1 Answer from Attorneys
Stephen Messutta

Did you have a written contract? Your rights may be limited by contract. It may be as simple as a proposal with terms that you signed. Normally negligence is a 2 year statute of limitations and construction is 4, in each case from when you "knew or should have known" of the damages you were incurring, but recently the courts have said where a contractor comes in and performs what may be warranty work and then it fails, you have a reasonable time to sue once you know the remedial work has failed. If you have any paperwork from the job take it to an attorney at least to evaluate; you may have a case but time may have run out or is close to running out to file.

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 licensed to practice law only in the State of Illinois. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 10/07/10, 7:47 pm


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