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Happy Thanksgiving!

11/25/2014

Happy Thanksgiving!

This holiday season we are thankful for an extraordinary year

We are grateful for your business and wish to thank those of you
who supported and continue to support our firm.

From all of us at Neal C. Zazove & Associates, P.C.
we would like to wish you a Happy Thanksgiving.

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Home Improvements: What You Need to Know Before Signing with a Contractor

11/19/2014

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Owning a home is an extremely valuable asset and upgrading your home may improve its overall value. However, if construction is not properly completed, you may suffer financial and emotional frustration. Whether work performed by a contractor is of poor quality or does not adhere to proper building codes and regulations, it’s important to protect yourself and understand your contractual rights before signing with a contractor.

What To Do Before Signing with a Contractor:

In Illinois, home repair or remodeling contracts exceeding $1,000 requires a written, signed contract. The contract must state total cost, parts and materials, and any charge for an estimate. The Attorney General suggests that before signing a contract, the agreement should contain:

(1) Contractor’s full name, address, and phone number

(2) Description of work to be performed

(3) Detailed list of all materials

(4) Total cost of work performed

(5) Oral promises made

(6) Description and process of
change orders

(7) Starting and completion dates

(8) Payment schedule

(9) Warranties or guarantees

Before Hiring a Contractor

The Attorney General recommends consumers follow at two-step process before hiring a contractor: (1) determine the scope of the work to be completed; and (2) create specifications for the home improvement you want completed. Determining the scope of the work needed is as easy as writing down the necessities you want completed. By doing this, you avoid a contractor pushing unnecessary work on you. Write down specifications, such as, the time frame of the job to be completed, materials you want used, how you wish to make payment(s), and use of subcontractors.

Three Day Right to Cancel Home Repair

If you hire a contractor, you have the legal right to cancel the contract within three business days. The unique aspect of this provision is that the contractor has no legal right to take away your three day right. Generally, you are allowed this right, but exclusions like emergencies and prior contact by the consumer may apply. For more information, visit: http://www.illinoisattorneygeneral.gov/consumers/
3dayright.pdf

Key Things to Look Out For:

DO NOT “pay up front”: Instead of paying a contractor “up front,” devise an installment plan in your contract to pay the contractor after work is completed in detailed segments.

Estimates: Receive a few estimates from other contractors to evaluate what needs to be completed. Remember, receiving estimates or price quotes are usually not offers, however, you may want to consult an attorney before signing documentation.

Lawsuit: Check with your insurance company to determine if you are covered for any injury or damage that may occur while the contractor is working. You may wish to discuss personal injury liability with your attorney before signing a contract.

Full Integration: Before signing a contract, insist on a complete, written, signed contract (full integration) to have specificities in writing. Reducing your writing to a full integration may legally help you via the Parol Evidence Rule if problems arise.

Subcontractors: Do not let a “mechanic’s lien” be placed on your home. If your contractor does not pay the subcontractors, you may be held liable.

Protect Yourself: There are specific conspicuous phrases Illinois law requires in a home improvement contract. Contact your attorney to make sure specific clauses are in your contract before signing.

Keep a log: Keep record of all phone conversations, discussions, and correspondence with your contractor. If problems begin, documentation may assist you.

“Notice of Cancellation”: Illinois law requires a “notice of cancellation” clause in your contract that allows you to cancel the transaction at any time within three days.

You are not alone! Over 20 percent of complaints received by the Office of the Illinois Attorney General involve home repair contractor disputes. If you or someone you know has questions involving a home improvement project, call or email Neal C. Zazove & Associates to review and advise you of your rights before signing with a contractor.

Resource to Use Before Signing with a Contractor:

http://www.illinoisattorneygeneral.gov/consumers/finanhomerep0404.pdf

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Commissions and Wages Legal Rights & Sales Representative Commissions

11/12/2014

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Have you earned COMMISSION or WAGES that have NOT been paid to you

Commissions and Wages Legal Rights

     You have a legal right to be paid your wages and commissions. It may not be a valid excuse that the company did not have the money, especially if they paid other bills and other employees. Whether the employer is currently conducting business, in the process of bankruptcy, or no longer in business, you may still bring legal action to obtain your unpaid, earned wages or commissions. Although the company itself may be held liable, an executive, or even a manager of the company, may be personally liable for your unpaid wages or commissions.

     The Illinois Wage Act also provides the recovery of attorney’s fees and interest, in addition to your unpaid wages or commissions. Neal C. Zazove and Associates created a Step-by-Step instruction below to determine whether you may be eligible to obtain your unpaid commissions, wages, and attorney’s fees:

                               Step 1: Were you previously an employed?
     An “employee” is considered a person hired to render services.

     This includes, but is not limited to, positions like: Salesperson; Transit man; Mechanic; Artisan; Miner; Laborer; etc.

            Step 2: What kind of wages or commissions may I have a legal right to?
     You may be entitled to recover any of the following:

                • Commissions and bonuses
               • Insurance benefits
                • Reimbursement for back pay
                • Severance pay
                • Unused vacation time
                • Compensation during the notice of termination period
               • Health insurance premiums

       Step 3: I was employed and I deserve monetary compensation, now what?
     You can only recover wages and attorney’s fees if you strictly comply with the requirements of the Attorney’s Fees in Wage Actions Act. In order for you to receive the compensation you deserve, call Neal C. Zazove and Associates to hear how we can file the proper claim for you.

Sales Representatives:
You Deserve Your Commission

There are two ways in which the Illinois Sales Representative Act (“IRSA”) allows for Sales Representatives to obtain unpaid commissions. First, IRSA summarily states that Sales Representatives who sold products (not services) may have a right to unpaid commissions even after your employment is over. Second, a Sales Representative who sold the product/property or played a major role in selling the product/property may also have a right to unpaid commissions (“Procuring Cause”).

Commission earnings are governed by the IRSA. By law, salespersons are entitled to payment of their commissions within 13 days of termination of a contract between a Sales Representative and principal. If a Sales Representative is not compensated via commissions within 13 days, the Sales Representative may be awarded up to three times the amount of the commissions owed, in addition to attorney’s fees and court costs. If you or someone you know has not been paid wages or commissions, you have various remedies.

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Happy Thanksgiving!

Happy Thanksgiving!

Home Improvements: What You Need to Know Before Signing with a Contractor

What To Do Before Signing with a Contractor:

Before Hiring a Contractor

Three Day Right to Cancel Home Repair

Key Things to Look Out For:

Commissions and Wages Legal Rights & Sales Representative Commissions

Have you earned COMMISSION or WAGES that have NOT been paid to you

Commissions and Wages Legal Rights

Sales Representatives: You Deserve Your Commission

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Sales Representatives:
You Deserve Your Commission