John Lynch prevails on appeal in case interpreting Home Repair & Remodeling Act

John Lynch filed suit in DuPage County on behalf of a contractor to recover approximately $300,000 for remodeling work performed on a suburban couple's home. The couple refused to pay for much of the work, although they moved into the house after completion, and successfully moved to dismiss the case on the basis that they were not provided with a consumer rights pamphlet, as required by the Home Repair & Remodeling Act. The contractor complied will all other aspects of the act, and the failure to provide the pamphlet was inadvertent. The dismissal was reversed on appeal with the court finding that such an outcome could not possibly have been intended by the legislature. This decision is a matter of first impression and is already the topic of numerous articles and blogs. The opinion will be published and may ultimately be reviewed by the Illinois Supreme Court. Artisan Design Build, Inc. v. Bilstrom (2d Dist., No 2-08-08550).