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    KBC's Avatar
    KBC Posts: 2,550, Reputation: 487
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    #1

    Sep 20, 2007, 07:49 AM
    Contracting delema
    I am a contractor.
    I have a contract with a customer for repairs and replacement of a buildings roofline.
    We have a signed contract for the set prices and scope of work to be done.
    The customer agreed to a deposit for the materials,and the work proceeded as normal,till winter ended the possibility of further roof work.
    During the winter months the customer requested additional information about the materials already purchased(knowing that it was non-returnable)and questioned why it was purchased so early during the construction phase.(red flag)
    Since this time they have asked for a portion of their deposit(including materials of a non-returnable status) to be returned ,and rejected the material from the supplier(who has housed it for many months now)
    It has been 11 months since this began,and the customer has now finished the workmanship on the building by hiring another contractor to apply the roof.

    What is the timeline for contract expiration in Illinois,and with the contract I have now,signed and accepted by the customer,where do they get the right to do a job without consulting me first?
    rockinmommy's Avatar
    rockinmommy Posts: 1,123, Reputation: 82
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    #2

    Sep 20, 2007, 09:08 AM
    Hmmm, I'm afraid I cannot answer you question about expiration dates for contracts.

    I do have a couple of suggestions though.

    Find out what is required for placing a lien against the property. It might be called a contractor's lien or a mechanic's lien. You would need a copy of the contract and it would be filed in the county where the property is located. It wouldn't get you paid now, but it would put a lien against the property so the owners wouldn't be able to sell the property with clear title until you are paid. Since you're dealing with a partially complete contract, etc, I don't know how it would work, but worth checking into.

    Second, approach the customer with an offer. Based on what has transpired so far figure out what you can reasonably and realistically live with and approach them to try to settle the matter. Make sure you leave yourself some negotiating room.

    Third, contact the local Justice of the Peace in the county where the property is located and get a small claims court package. It will explain what you'd need to do to file a case against them to recover any losses you've experienced. I don't know for sure about IL, the dollar limit is usually around $5000, so you may exceed that amount (you're not supposed to artificially lower the amount just to get it into small claims court instead of regular, civil court.) If it's too much for small claims you'd be looking at hiring a lawyer to sue them for damages.

    Good luck!
    Karla in TX

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