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What can I legally do if the GC does not respond to my request to clarify disputed items on the invoice?

Illinois

* There is no signed contract with this GC * A generalized paragraph of work to be done, with notation of 15% mark up on materials was submitted and the total estimate for the project for budget purposes only. Presented on June 7, 2021 * The first invoice had us questioning the charges. We contacted the subcontracted electrician and home insulation companies and paid directly to them the amount billed to the GC. A copy of the paid statement and request for explanation of remaining disputed items was sent to the GC by certified mail. * The next invoice received showed acknowledgement of payments made and itemized remaining items yet to be paid. The invoice has inconsistent formatting and has not given any clarification of our previous questions. Another certified check covering items in agreement and letter outlining the still disputed items was sent Oct. 6, 2021. It was picked up Oct. 9, 2021. * Remaining balance on the items in dispute is around $11,000 * The invoice is poorly formatted. It gives no description of materials, quantity , or unit price * Lumber that was returned is only listed a “ adjusted for returned materials”. ( one of the disputed items) * Labor charged for time to correct a mistake appears to still be charged to me. ( a disputed item of 15 hours) * We have made notations about phone calls, text messages, visits, saved e-mails and copied submitted certified checks and written correspondence. * payment due dates are inconsistent. On Sept. 17 it said Sept. 13 and then on Sept. 23 it said Oct. 13 . We are patiently waiting to see what kind of response we get next from the GC. Thank you for your time in reading and attempt to understand my situation.

1 reply

Oct 22, 2021

You ask about your rights vis-a-vis a General Contractor who failed to clarify charges or to answer inquiries. Short Answer: this is not a "construction law" question per se but, rather, a general question concerning contractual rights. You could certainly dismiss this contractor on the basis that he has breached his contract with you, but there are a number of related issues you should discuss with a knowledgable Attorey before taking that step. Keep in mind that if there is unpaid work in place, then you will have to pay for that or risk the contractor filing a Mechanics Lien affecting your title to the property.

I hope this information was helpful. Best of luck!

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