Fandel v. Allen

I dissent. I believe that defendant has the right to raise plaintiffs noncompliance with the Home Repair and Remodeling Act (Act) as an affirmative defense; furthermore, plaintiffs noncompliance with the Act precludes him from foreclosing on his mechanic’s lien.

I

In 2000, the Illinois General Assembly created the Act because “the business of home repair and remodeling is a matter affecting the public interest.” 815 ILCS 513/5 (West 2006). The purpose of the Act is “to safeguard the life, health, property and public welfare of [Illinois’s] citizens” through “improved communications and accurate…