Legal Question in Consumer Law in Illinois
I privately hired a contractor to do repairs from an insurance claim in Dec 2009. He constantly was asking for monies. He was told to finish the job/work and he would be paid. He stated he needed monies to do the work. I told him you do not get paid for the job prior to the work being done.The estimate was @28,000. He has been paid 15,000. Due to damages, he was to replace roof, restore/rewire electrical(damaged by animal chewing on it). Some of the electrical still is not working. He removed wall lighting fixtures, the fixture are no longer to be found in my home; a hole exists in the location. There are numerous holes in the plaster walls and ceilings. The ceiling in the bedroom has "fallen" down and there is damage to the furniture in this room where it fell on them. It was intact prior to him working in the home.The estimate he gave the insurance company stated "tongue & groove" to be removed from attic and same replaced. He put plywood. Personal items are missing from home. My gas bill was about $400. for one month; due to him tearing off the roof and tearing up attic flooring and insulation and not replacing insulation for several months. I have lived in the home @25 yrs. and never had a bill close to this amount(even when 5 people lived here). He had an attorney contact me demanding I pay him. I told her he already knew what needed to be done and when it was, he would be paid. I explained I would be unavailable until after May 15. He was to complete the job in a timely and workman like manor and the attorney should contact me in the future. To this date, I have yet to hear back from the contractor or attorney. The contractor has my email/mailing/land phone/cell phone contact information. Can I do the work myself and purchase supplies and/or hire another person to repair it and use the remainder unpaid to him to pay the new person and purchase the supplies? If matters must be handled legally, can he be responsible for my legal fees involved. Are his actions(saying one thing on contract and then replacing it with something else), consumer fraud? I assist my aging parents in AZ and had been there from Dec 2009 to Jun 2010, my neighbors tell me lights have been left on in the attic and basement for days. He has a key to my home. Can I change the lock and not notify him. Do I legally have to break his contract? I just pulled down the "Area of Law" and think this is Consumer Law, if not would you please forward it to the correct area? Thank you for your assistance.
1 Answer from Attorneys
Someone will have to look at the contract. Some allow an owner to terminate on notice and have the work completed by another contractor. Without seeing your contract, there's no way to tell.
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