Siding Contractor No show, refuses to return deposit (Illinois)

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Siding Contractor No show, refuses to return deposit (Illinois)

Pedro L.
Chicago, IL · Member since 2018 · 20 posts · 4 votes

A contractor hired to replace siding in a relative's rental didn't show up. My relative requested her deposit back and they refused. They made the mistake of handing over the 1st half of the insurance check which totaled almost $11k, to expedite the work, but they didn't show. Now the contractor wants to keep $3k for "canceling" the contract. The contract has a "canceling fee" section, but she didn't initial it. This is going on a year. reported them to BBB and to the Attorney General's office (which they are completely useless btw). And she's reached out to an attorney (but not much has happened). Is there anything else she can do to make this company give her back her money? Not sure if going to trial will be worth it (as this exceeds the $10k limit for small claims). Can anyone recommend an attorney that maybe can get this resolved quickly for a reasonable price? Isn't the bond company now responsible for repaying the money?

Any help and suggestions would be appreciated. Thank You.

(Also, not sure what the legality rules are about mentioning this company by name, but definitely don't want anyone else being ripped off by them so if you know how we can help BP and other folks avoid them please let me know.)

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Taye N.
Hayward, CA · Member since 2009 · 258 posts · 62 votes
8y
In Ca, we would contact the license board. Is the contractor licensed? Contact license board. You can claim there bond if they rule in your favor. That why you should always hired license professionals.
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  • Pedro L.
    OP
    Chicago, IL · Member since 2018 · 20 posts · 4 votes
    8y
    Originally posted by @David Ho:

    Have you asked the Following :

    May I have a copy of your workers comp and liability binder?

    May I have a copy of your license and a copy of your surety bond with the village?

    You have 72 hours of the request . Either Certified mail it or Email it to him.

    After 72 hours if said contractor does not give you those items stated above ... Well you have cause to cancel the contract.

    After you cancel the contract request a refund due to non performance of the contract due to exposure to liability to the homeowner.

    This guy sounds like a pro thief. Then I would post everything on social media and forewarn others of this . I would use the words "in my Opinion"  

    Like this solution This is my opinion. Good luck ...  

     Thank you David, I will ask the attorney and have him request those asap. 

    0Reply
  • Pedro L.
    OP
    Chicago, IL · Member since 2018 · 20 posts · 4 votes
    8y
    Originally posted by @Tim Joyce:

    Appreciate the shout @Nathan Platter, though I'm certain I don't know IL construction law applicable here (MN/WI licenses only). What is most glaring to me here is that the company is holding onto more money than they claim to being owed. At the very least, you should demand that other $8K back right away. Sometimes companies will try to sneak in a "paid in full" or similar acknowledgement to make it look like the dispute is settled, so watch out for sneaky tricks. It is my sense (again, please don't take this as formal legal advice) that the lack of initial on one particular provision won't save that from being enforceable. But, there may be IL laws that say they can't hold onto more money than they claim to be owed. Construction laws generally allow for some reasonable cancellation fees provisions in contracts, if clear. But it sounds like this contract is ambiguous at best. If they return the $8K, then you'd be set for small claims court anyways. As it stands right now, the contractor is "unjustly enriched" (term of art) because they have possession of money that they haven't done any services for yet. Hope that gives you some things to think about @Pedro L.  From my vantage point, any construction attorney fluent in IL law should be able to tell you the most cost-effective way to proceed, ideally in a free consultation.

     Thank you Tim, that makes sense and we will definitely keep an eye out for that. I will take her to see the attorney on Monday and suggest this. Appreciate the advice. 

    0Reply
  • Pedro L.
    OP
    Chicago, IL · Member since 2018 · 20 posts · 4 votes
    8y

    Thank you everyone for taking the time to make suggestions. I received a lot of very useful advice and feel a bit more confident that we can get this matter resolved. I will post update once we do.

    I Love Bigger Pockets!

    0Reply
  • Amy Beth
    Rental Property Investor · Edison, NJ · Member since 2016 · 753 posts · 565 votes
    8y
    Social media often can get a response for a national company. Post on the company’s social media website. You can also post negative reviews on other sites or threaten to as a way of getting the refund. If they still refuse then go through with your threat and post on all review sites such as google, Angie’s list, etc.. It may also be worthwhile to hire an attorney whom could also send a letter. Perhaps there is a local news option too. For instance, there is a local news channel here which every week they post a story about someone whom was ripped off and then they contact the company or individual behind it and almost every time they get the person a refund or get the issue rectified. Your relative would have to consent to an interview of a local news channel has such an option. I have seen something similar traveling so perhaps checking the local news sites may give you an option of submitting your story online: And lastly since they are licensed reporting them to the licensing board in your state could be useful as well.
    1Reply
  • Edwin J Appel
    Investor · Bloomingdale, IL · Member since 2016 · 3 posts · 2 votes
    8y

    Hi Pedro,

    Have you thought of contacting the investigative reporters at either Channel 2 or Channel 5. They appear to get done what others cannot. It's pretty embarrassing to have reporters from major TV stations knocking at your door. Businesses used to dread having the 60 minutes crew drive into their parking lot as in, "You know it's going to be a bad day when...." Channel's 7 & 9 may have investigative reporters as well, but start with 2 & 5. They are especially interested in stories involving Seniors being taken advantage of. Also contact Senior Services and call 311 to see if they can offer assistance.

    2Reply
  • Eric N Harris
    Chicago, IL · Member since 2015 · 2 posts · 1 vote
    8y

    @Account Closed: WOW!

    When you get to the point immediately and by doing your due diligence,

    you quickly let people know where you stand.

    I'm certain that your " tile guy" didn't want any further problems.

    0Reply
  • Pedro L.
    OP
    Chicago, IL · Member since 2018 · 20 posts · 4 votes
    8y
    Originally posted by @Edwin J Appel:

    Hi Pedro,

    Have you thought of contacting the investigative reporters at either Channel 2 or Channel 5. They appear to get done what others cannot. It's pretty embarrassing to have reporters from major TV stations knocking at your door. Businesses used to dread having the 60 minutes crew drive into their parking lot as in, "You know it's going to be a bad day when...." Channel's 7 & 9 may have investigative reporters as well, but start with 2 & 5. They are especially interested in stories involving Seniors being taken advantage of. Also contact Senior Services and call 311 to see if they can offer assistance.

    lol  Yea my sister emailed one of those channels and don't think they responded. I'm sure they get a lot. But will definitely see if we have Senior Services that can assist with that. Thanks Edwin

    0Reply
  • Pedro L.
    OP
    Chicago, IL · Member since 2018 · 20 posts · 4 votes
    8y
    Originally posted by @Amy Beth:

    Social media often can get a response for a national company. Post on the company’s social media website. You can also post negative reviews on other sites or threaten to as a way of getting the refund. If they still refuse then go through with your threat and post on all review sites such as google, Angie’s list, etc..

    It may also be worthwhile to hire an attorney whom could also send a letter. Perhaps there is a local news option too. For instance, there is a local news channel here which every week they post a story about someone whom was ripped off and then they contact the company or individual behind it and almost every time they get the person a refund or get the issue rectified. Your relative would have to consent to an interview of a local news channel has such an option. I have seen something similar traveling so perhaps checking the local news sites may give you an option of submitting your story online:

    And lastly since they are licensed reporting them to the licensing board in your state could be useful as well.

    I am keeping an eye on anything they come up in where I can post an honest review (possibly with star ratings and keep it short and vague). One attorney on this forum adviced not to mention them by name as it's not worth the trouble and to also to say "it is my opinion" before anything I say. And I personally prefer err on the side of caution when it comes to legal matters. Thanks Amy

    0Reply
  • Jack L.
    Palatine, IL · Member since 2015 · 20 posts · 3 votes
    8y

    You can try Martindale-Hubbell http://www.martindale.com This is a site where you can find an attorney or law firm in a state and city you need. You can search by practice areas (real estate, bankruptcy, etc.) It also gives peer review ratings and client ratings on attorneys

    Also there is the The Illinois Real Estate Lawyers Association http://www.irela.org You can also do a search there too and this association is strictly real estate

    I hope this helps you.

    Jack

    1Reply
  • Pedro L.
    OP
    Chicago, IL · Member since 2018 · 20 posts · 4 votes
    8y
    Originally posted by @Jack L.:

    You can try Martindale-Hubbell http://www.martindale.com This is a site where you can find an attorney or law firm in a state and city you need. You can search by practice areas (real estate, bankruptcy, etc.) It also gives peer review ratings and client ratings on attorneys

    Also there is the The Illinois Real Estate Lawyers Association http://www.irela.org You can also do a search there too and this association is strictly real estate

    I hope this helps you.

    Jack

     Thank you Jack. Appreciate the resources. Will definitely check them out. 

    0Reply
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