MD Electrical Eontractors, Inc. v. Abrams

State: Illinois

Court: 2nd District Appellate

Docket No: 2-06-0135 Rel

Case Date: 11/27/2006

Preview:No. 2--06--0135 filed: 11/27/06 ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT ______________________________________________________________________________ MD ELECTRICAL CONTRACTORS, INC., ) Appeal from the Circuit Court ) of Du Page County. ) Plaintiff-Appellant, ) ) v. ) No. 05--AR--1433 ) FRED ABRAMS and CAROL ABRAMS, ) Honorable ) Kenneth A. Abraham, Defendants-Appellees. ) Judge, Presiding. ______________________________________________________________________________ JUSTICE HUTCHINSON delivered the opinion of the court: Plaintiff, MD Electrical Contractors, Inc., sued defendants, Fred and Carol Abrams, in quantum meruit to recover for improvements that it made as a subcontractor on a home improvement project. Defendants moved to dismiss the complaint (see 735 ILCS 5/2--619(a)(9) (West 2004)), contending that, because plaintiff had violated the Home Repair and Remodeling Act (Act) (815 ILCS 513/1 et seq. (West 2004)), it could not recover. The trial court granted the motion. On appeal, plaintiff contends that (1) the Act does not apply to plaintiff as a subcontractor, and (2) even if the Act does apply, it does not preclude plaintiff from recovering in quantum meruit. We agree with plaintiff's first contention, and we reverse and remand. Plaintiff's first amended complaint alleged that, between about June 6, 2004, and October 1, 2004, plaintiff furnished subcontracting services, including electrical equipment and labor, toward the remodeling of defendants' house; that there was no contract between plaintiff and defendants;

No. 2--06--0135 and that plaintiff was entitled to $14,984 for the services and materials that it provided. Defendants moved to dismiss the first amended complaint, alleging that plaintiff had violated the Act and thus could recover nothing. Defendants relied on the following sections of the Act: "

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