Legal Question in Consumer Law in Illinois

My basement was flooding three years ago. I called a big company to come out and fix the walls and put in new drain tile. The company recommended a new product to keep the walls from moving in my basement. Over the last 2 years I have complained that the walls are moving, and now the City Inspector says the walls are dangerously close to falling apart in some areas. When I first had the work done, they gave me a guaranty and a warranty (which are still in the time period described on the contract) I remodeled the basement. Twice now I have had to pay out of my pocket to take down drywall so they could inspect. Now they are out here again and telling me I have to do it again at my expense. I refuse to pay these expenses AGAIN (nearly $10,000 to remodel basement based on their guaranty). Is there anything I can do to make them pay for the destruction they want to do so they can see how much damage there is to my basement walls?


Asked on 4/09/13, 9:00 am

1 Answer from Attorneys
Stephen Messutta

It is time to get a competent contractor in, have the repairs made and then sue the original contractor. However before you do you should have an attorney review the original contract. The warranty may be limited to repairs on their materials and not to the drywall. There may be fraud involved if the contract and materials spec'd claim what you say they should have done but don't. The attorney can then guide you, first making a final demand on the original contractor and then you may have to sue on the contract, the warranty, or fraud.

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Answered on 4/11/13, 11:36 am


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