Bad Roofing Job - How to get Final Waiver of Lien.

[LegalAdvice23]

What is the name of your state (only U.S. law)? Illinois

The situation:
I'm in Illinois and I recently had my roof redone (insurance claim). The company that did the work had me sign an agreement with them which stated they would
be doing the work. They forgot to have me sign the Lisa Madigan "Know your consumer rights" pamphlet. It's my understanding, and also written on the first page
of the contract that without that the contract is nullified.

The roofing company sub-contracted the work out and never told they were going to. After the roof install was done, I was not happy with the work since it
wasn't installed correctly and had a bunch of issues with substandard workmanship. They didn't follow the manufacturer's installation instructions and
I had the company and owner come out to look at the job and they indicated they could fix it. I told them not to fix the roof or do any further repairs, I told
them I would only be happy with a complete redo of the roof.

Last Friday, they came on to my property without me being there (after telling them not to) and proceeded to try and repair some issues. The roof still needs to
be redone and has a huge list of issues after having professionals come out to evaluate the job. I immediately called the owner and asked him why he repaired my house after telling
him not to. I indicated the agencies I've been in contact with and he agreed we both go our separate ways with no money being exchanged.

I have not paid the owner ANY money for the job, except an initial $100 deposit. My mortgage company still needs to endorse the checks.

What I need help with:

Since the owner agreed we can both go our own way, with no money being exchanged. I want to make sure I'm protected legally so I can have a qualified
company do the job. What do I need to get?

I would imagine I need a "Final Waiver of Lien" from this company for "labor and materials", but what about the subcontracting company and/or the material supplier?
They didn't list any subcontract company on the contract so I don't know the name of the subcontracted company. It was my understanding in Illinois the contractor has
to inform me of this?

Any help is appreciated.

 

[LegalAdvice23]

I found this online >

Duties of the General Contractor and Subcontractors

Under Illinois law, the homeowner must request—and the contractor must provide—a written list of the names and addresses of "all parties furnishing materials and labor and of the amounts due or to become due to each." This list, or affidavit, must appear either as part of the contract or in a separate printed statement, and it must contain the following language:

"THE LAW REQUIRES THAT THE CONTRACTOR SHALL SUBMIT A SWORN STATEMENT OF PERSONS FURNISHING MATERIALS AND LABOR BEFORE ANY PAYMENTS ARE REQUIRED TO BE MADE TO THE CONTRACTOR."

The law also requires every subcontractor listed in the affidavit to notify the homeowner, either personally or by certified letter, when he or she has furnished materials or performed labor on the homeowner's remodeling project. This notice preserves the subcontractor's right to put a lien on your property, and it must contain the name and address of the subcontractor or material provider, the starting date of the work performed, the type of work performed or materials provided, and the name of the general contractor who requested the work to be done. This notice is required by law to contain the following statement:

"NOTICE TO OWNER

"The subcontractor providing this notice has performed work for or delivered material to your home improvement contractor. These services or materials are being used in the improvements to your residence and entitle the subcontractor to file a lien against your residence if the services or materials are not paid for by your home improvement contractor. A lien waiver will be provided to your contractor when the subcontractor is paid, and you are urged to request this waiver from your contractor when paying for your home improvements."

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I was never given any notices about the subcontract company. Granted the work wasn't fully completed (they were going to also do my siding and gutters), but I was never notified who the subcontracted company would be.