What is an Illinois
Construction Contract?
An Illinois construction contract is a written document that complies with Illinois
construction contract law. For example, every residential repair or remodeling project
done for the owner-occupant must meet the requirements of Illinois (1) The Home Repair
and Remodeling Act, (2) The Consumer Fraud and Deceptive Business Practices Act, and (3)
The Home Repair Fraud Act. No contract that omits notices and disclosures required by
Illinois law qualifies as an Illinois construction contract.
In addition, every Illinois contract has to comply with Federal law. For example, failure
to make federal truth in lending disclosures requires restitution of the overcharge and
makes the creditor liable for the debtor's attorney fees. Failure to include the disclosures
required by 12 Code of Federal Regulations § 226.15 extends the right of rescission to three
years (rather than three days). Omitting insulation disclosures required by 16 Code of Federal
Regulation § 460 can result in an $11,000 fine.
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What can I do
with Illinois Construction Contract Writer?
- Draft exactly the right contract by answering interview questions
- Make a legal contract that will protect the builder in court if there's a disagreement.
- Create subcontracts based on the prime contract.
- Take control of the contract drafting process.
- Keep up-to-date with changes in Illinois construction contract law.
- Include only the warranty protection required for the job.
- Disclaim any warranty, as allowed by Illinois law.
- Create a simple construction contract or a contract as detailed as the job requires.
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How is Illinois
Construction Contract Writer different?
Printed construction contract forms and construction contract templates are available from
several trade and professional associations. For example, AIA construction contracts and AIA
construction subcontracts are available from the AIA. Sample construction contracts by the
EJCDC and sample construction contracts by the AGC are also available as printed forms. These
standard contracts are legal construction agreements in some states and for some purposes. But
none are intended to comply with the Illinois law. Illinois Construction Contract Writer drafts
residential, commercial and industrial construction contracts and construction subcontracts and
public works subcontracts that comply with Illinois law. Using a standard contractor agreement
that doesn't comply with Illinois law can result in heavy fines or suspension. Even if you avoid
fines, a contract that doesn't comply with Illinois law puts you at a disadvantage if there's a
dispute. An attorney for the other side will be quick to point out the flaws and explain why you
can't collect the final payment.
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What information
will I need to make my contract?
Start drafting an Illinois construction contract by gathering the essential information:
- Decide how you want to set the bias – fair and balanced or tilted in your favor.
- Address of the work site, names of the contracting parties and the contract price.
- Name and address of any representative, architect or bank to be mentioned in the contract.
- Scope of the work: What's included in the job? What's excluded? How you want to handle errors in the plans or specs? What if there are unexpected site conditions?
- Who is responsible for job safety, hazardous materials, temporary utilities, job cleanup, inspections and testing?
- Payments: When are payments due: Initial payment, progress payments and final payment? Is this a fixed price contract or is payment based on the cost of labor and materials (a time and material contract)? Will payment terms include contract allowances, cost per unit of work or alternate prices for work to be done at the owner's option? What's the interest rate on unpaid balances? Do you want to specify grounds for withholding payment? Will waivers of liens be required before a payment is due? Will there be a bonus for early completion or liquidated damages for delayed completion?
- Changes in the Work: How do you handle “extra work” not included in the contract? Will extra work be done on a time and material basis? Or will the charge for extra work be based on the contractor's usual selling price?
- What insurance will the contractor and subcontractor be required to carry: Liability insurance, worker’s compensation insurance, course of construction insurance? Will a performance bond or a payment bond be required?
- The construction schedule: When will work start? When should work be completed? What grounds are legitimate reasons for an extension of time? Will the owner or contractor be permitted to suspend work or terminate the contract? What constitutes substantial completion? Will the contractor be permitted to collect the final payment if discrepancies remain on the punch list?
- Warranty: What's the duration of the warranty, if any? What constitutes a construction defect? What repairs are required when a construction defect is found? Can the contractor or subcontractor disclaim the implied warranties of habitability and workmanlike construction?
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What's the difference
between an agreement and a contract?
A legal contractor contract is an enforceable contractor agreement. Enforceable contractor
contracts are usually created from a contractor contract form or a contractor contract template.
To be enforceable in Illinois, Illinois contractor contracts and IL subcontractor contracts must
comply with Illinois contract law. A legal building contract between either the owner and a general
contractor or a general contractor and a subcontractor can be enforced either by legal action in a
court of law or by arbitration.
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How long will
it take to draft my first contract?
About a half hour for simple construction agreements. A commercial general contractor's
contract for a shopping center might require an hour or more.
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Is there a free
trial?
Yes - Get a feature-limited trial of Illinois Construction Contract Writer at no charge. Draft a construction contract agreement to
see if IL CCW is right for you. Printing, exporting and the ability to copy and paste
are disabled in the trial. Use the trial program as long as you want. When you’re
ready, get the production version of Illinois Construction Contract Writer.
Successful download and installation are guaranteed. Then write and print as many contracts as you want
or create PDF (Postscript) or RTF (MS Word) versions for delivery as email attachments. You can even send
a Verizon Illinois construction contract. If you switch computers or need another download, no problem. During
the first year you can get another download as often as needed. After the first year, updates are only $25 per year or
$40 for two years.
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What if I have
questions?
Illinois Construction Contract Writer includes extensive legal and practical information to help you every step
along the way. On the right side of every screen in the interview you'll see information about the choices
available.
Licensed users of Illinois CCW can get answers to contract drafting questions. We can’t draft the contract for
you. But if you need advice on assembling a construction contract that meets requirements for your job, our legal
staff is on call. If you get stuck, go to the Help menu and click the “Get Help from an Attorney” option. You'll
have an answer in 24 hours, usually sooner.
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What will my
completed contract look like?
Click here
and scroll down to view a good selection of example Illinois construction contracts
prepared with CCW. You'll see:
- A sample residential construction contract,
- A sample new home construction contract,
- A sample pool construction contract,
- A sample home remodeling contract,
- A sample commercial construction contract,
- A sample home repair contract,
- A sample home building contract,
- A sample time and material construction contract,
- A sample home improvement contract.
In addition to general contractor contracts, you'll see several sample subcontractor agreements.
Some of these home building contracts are biased in favor of the homeowner. Others favor the general
contractor or subcontractor. All of these example construction contracts and legal contractor forms
comply with Illinois law. You can download any construction contract form on the site as either a PDF or
RTF (MS Word) or CCF (Construction Contract Writer) document.
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Is it safe to
make a contract without a lawyer?
If you’re accustomed to getting legal advice on most business deals, we won’t suggest anything different. If your
style is doing jobs on notes scribbled on a business card or on a form you found on the Web, we suggest that CCW
can substantially reduce your risk, either with or without review by legal counsel.
Illinois CCW is very comprehensive, offering options far broader than needed for nearly any job. But nothing happens
in Illinois CCW until you answer the appropriate interview question. If you don’t have the time to consider and
understand the options available, maybe you need an attorney more than you need Illinois CCW.
Of course, there is a middle ground. Attorneys are accustomed to reviewing contracts. Produce a contract with
Illinois CCW and get an opinion from legal counsel before offering the document for signature. If your attorney
suggests changes, and if Illinois CCW can’t accommodate those recommendations, maybe Illinois CCW is not the best
choice for your work. If an Illinois CCW contract is approved by your legal counsel, use that contract as a model
for all similar jobs. Illinois CCW makes it easy to clone any contract on file.
Please review
the disclaimer by clicking the PDF icon.
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Where can I get a short, simple, standard
Illinois construction contract form that's valid for all types of work?
There's no such thing as a short, simple construction contract for residential work in Illinois. The notices and
disclosures required by Illinois law and Federal law make even the shortest residential Illinois construction
contractor form at least 10 pages long. Drafting a legal Illinois construction contract is as complex as preparing
a tax return. If you use one of the popular income tax return preparation programs (like TaxCut® or Turbo Tax®),
Illinois Construction Contract Writer will become one of your favorites.
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Is an Internet
connection Required?
An internet connection is required for program updates and during installation.
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What computers
can use Illinois CCW?
Construction Contract Writer is guaranteed to run on Windows XP, Windows Vista and Windows 7. Microsoft .NET
Framework 2.0 is required and will be installed automatically, if needed.
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