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Old 10-04-2010, 02:15 PM   #16
Chicago, IL
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Really, really sorry to hear that.


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Old 10-06-2010, 12:27 PM   #17
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I checked on Notice to Owner and it is not statutory, unfortunately. You will likely need a lawyer. I don't know what your strategy needs to be, but here are a couple of my thoughts:

1. You can try to string them out for a while and then try to cut a deal. Find defects in their work/ and keep asking them to come back and make repairs. Eventually they may get tired and be more willing to accept less than their claim. You'll need to have them sign a release of liens and, perhaps, a releases of claims.

2. As a home owner, your intent in the improvements are for personal use as opposed to a building owner whose interest is in revenue. A court make loko sympathetically on your case and may be willing to force the subs/vendors to accept less than their claim.

3. You can sue the construction company owner. If it was an LLC, you cannot go after his personal assets, but you may be able to claim that his was negligent or intentionally devious (the formal terms escapes me at this moment) and then try to carve some cash out of him that way.

I'm not an expert on these matters, so take my thoughts with a grain of salt. But keep one thing in mind - you got screwed unfairly and you may need to be ruthless (especially against the owner of the construction company) in order to protect yourself.

Best of luck and sorry to hear that you are going through this.


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