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 CONSTRUCTION CONTRACT LAW ILLINOIS CONSTRUCTION LAWS

 
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The Home Repair and Remodeling Act imposes a fine up to $2,500 for beginning work before a contract is signed. 815 Illinois Compiled Statutes section 513/15.

The Consumer Fraud and Deceptive Business Practices Act imposes a two-year prison sentence and a fine up to $2,500 for using an incorrect business name or business address in a contract.

The Consumer Fraud and Deceptive Business Practices Act gives the owner the right to demand return of all payments if work is not started and finished as provided in the contract. 815 Illinois Compiled Statutes 505/2Q(c). Punishment can result in a suspension of the right to do business in Illinois and a fine of up to $50,000. Section 505/7(c). The owner can sue to recover any loss and collect punitive damages, attorney fees and court costs. Section 505/10a.

The Home Repair Fraud Act imposes a fine of up to $2,500 and two years in prison for (1) misrepresenting material facts about the job or (2) making false promises about the job, or (3) charging more than four times the fair market value of the work or (4) failing to comply with the building code. 815 Illinois Compiled Statutes Section 515/3.

Any contract clause which would indemnify someone against their own negligence is void. 740 Illinois Compiled Statutes 35/1

Any contract clause which attempts to waive lien rights before the work is done is void. 770 Illinois Compiled Statutes 60/1(d).

Any contract clause which excuses payment of a subcontractor until the prime contractor has been paid is void. 770 Illinois Compiled Statutes 60/21(e).

Any agreement to arbitrate is void if specific language is omitted. 815 Illinois Compiled Statutes 513/15.1

No matter what the contract says, 815 Illinois Compiled Statutes 603/1 to 603/99 sets procedures and deadlines for payment of subcontractors. Failure to comply entitles the subcontractor to 10% annual interest on the delinquent balance.

 
 
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