I am a homeowner who has been dealing with a contractor for over 2 years. This is my first home and first renovation project, so I don't know all the steps in certain processes but I pick it up very quick and learn fast. The first step in the mishap that was this contractor that he knowingly signed an architect that was unlicensed and incompetent. That architect cost me 5 month delay and almost 4 grand (his fee, submission fee, and new architect fee). Only reason I stuck it out so long was that the contractor kept telling me that "he's almost done" and "it's best to stick with him for improvement than pay more money". I told the contractor to fire him and we found someone new who got the drawing approved immediately. Second red flag with this contractor was he was a stop and go. They started a bit later than I would have liked, but I was understanding because the village wanted an insane amount of money for the permits then it took a minute to issue them. So okay, but once the holidays rolled around... it was like they were moving like molasses. I was totally understanding of Thanksgiving, Christmas, and NYE time being out of town, but once the first week of January hit, I expected them to be back to work. Subcontractors went missing for weeks! He had no control or urgency to connect with his subcontractor and get an absolute date on when they would be back. The first year I did not see them again until mid-February. This trend has continued. The stop and go of the renovation is a consistent trend. He pacifies me with a little bit of movement, claims he's also in the same position because their subcontractors, crying wolf about COVID and costs (that increases in cost could've been avoided) or delays in payment when he is the reason payment was delayed because he took over a week to submit receipts and paperwork (203K loan, thank god). His subcontractors even complained about it being too cold (even though the gas is on but they haven't hooked up the heat). However, last year on my birthday I'd had enough of this bs when one of the subcontractors' family members came with him to work and peed in my kitchen bowls - A GROWN MAN. My lenders tried to help move thing along with inquiry questions and encouraged me to stick with him for a good while until they were forced to do an Audit where he continuously claim the delay was due to COVID and costs. He gave that same line in every single extension he put in. They are not buying it anymore. They finally gave up on him (he's worked with them before) since he gave them a final date that he'd be done and STILL DID NOT FINISH. They gave up and said to let him go, so I started looking for new contractors. I think I have found one who will put in the bid and be more effective. Now I know what to add to contracts so that I can continue to protect myself and investment. I am thinking about this from both a financial and legal perspective. I have spoken to a financial advisor and he is in agreement that the financial cost due to the contractors actions is something I should pursue legally, but now I need a legal standpoint. One lawyer I talked to gave me some counterarguments if I came to court with a failure to complete project claim (COVID, personal responsibility, and 203K reimbursement model), but I have faith that it still might be seen by a judge who will see my side, especially because I documented EVERYTHING. EVERYTHING! I made sure I was left out of no conversation regarding my home. It has also been 10 weeks from tomorrow since he or any member of his team has came back to the property, so I thought maybe I can go for a Abandonment of Construction project claim. I'm trying to see what's my best options here in IL. I need to know if I can win and what I will need to win to convince a judge to side with me. I've been telling this man how these delays have been putting me in severe financial burden hardship for over year, been patient, been understanding when subcontractors had funerals and whatnot. I am not heartless, but what I do find heartless is that after 2 years of being adaptable and understanding he would assume I am stupid and just leave. Let me know if you can help.
Thank you for submitting a high-level summary of the facts of your situation. I have a few observations.
First, having been a Construction Attorney for over 25 years, I see that you have articulated a potential case. The details would have to bear out before an evaluation of the case can take place, after which you should conduct a return-on-investment (ROI) evaluation to see if the pursuit of such a case would be worthwhile.
Second, there are plenty of situations in which liability can be found, but defendants drag out the process in Court and, even once found liable, file Bankruptcy. Note: there are ways to pursue a defendant into Bankruptcy under the right circumstances.
Finally, nothing you can solicit on a public forum like this should take the place of a serious consultation with experienced Counsel. I recommend you take that step. Best of luck!