Legal Question in Consumer Law in Illinois

bad elevator

our church had a elevator installed 3/98 it still does not work properly. people get stuck between floors. last sunday a girl in a wheelchair got stuck. wed.night the janitor was stuck for 5 hrs. the service people come out and say the door is off track. the factory man came out and said they have a problem with the doors but nothing is being done. people don't use it for fear they will get stuck between floors. is there anything we can do to force them into fixing or replacing it. it has always had this problem. thanks


Asked on 11/25/00, 7:57 pm

1 Answer from Attorneys
Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

Re: bad elevator

If the church hasn't paid for the elevator, it may withhold payment, have it fixed by a third party, and sue for any deficiency or refund any excess to the contractor. This is risky, however, because the contractor can sue for breach of contract, and if it wins expose the church to liability. If the contractor has been paid, the church can have the elevator fixed or replaced by a third party and sue the contractor for the expense. The only risk in this case is that of not winning the lawsuit. Generally, the court will not order the contractor to fix or replace the elevator.

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Answered on 11/29/00, 2:03 pm


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