Legal Question in Real Estate Law in Illinois

My General Contractor has abandoned my 2 Flat rehab project and it is not completed. He was paid 75 percent of the cost to date and has only completed 1/3 of the project. Do I stop the project while I take legal action or is it okay to find someone else to finish the job in the meantime? Thanks.


Asked on 9/11/10, 11:05 am

3 Answers from Attorneys

Caroline Palmer Law firm of Caroline Palmer

The law requires you to make a attempt to limit your damages when requesting relief. It is better in my opinion to find someone else to complete the work while you take legal action rather than waiting.

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Answered on 9/16/10, 11:18 am

If you are in a good enough of a financial position that you can afford to continue the project, you shouod do so in order to limit your damges that may arise from the delay.

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Answered on 9/16/10, 6:36 pm

The law does prefer you mitigate and quantify damages. But make sure you document the status of the work as best you can - pictures, pictures, pictures, and the assessment of whoever you hire. Since the status of the work will be an issue, that is what you need to preserve as evidence for your case. If you have a written contract make sure you properly terminate it according to its terms, and if you have no written contract or a simple proposal you were working off of, you should give him reasonable notice before proceeding. Otherwise he could claim you usurped his rights. There are other things you need to watch out for so now would be a good time to take everything to a construction litigator for any other tips based on a complete review of the situation.

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 9/18/10, 2:27 pm


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