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Contractor Selection vs Damage Recovery

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johnnyboy21

Junior Member
What is the name of your state? Illinois

I am the owner of a residential condo unit in a high rise building. The owner of another residential condo unit directly above my unit hired a contractor to remodel two combination bath/shower/toilet rooms in his unit. During the remodeling process, water leaked into my unit from above and several days later a shower drain was removed and replaced with a new drain and trap. During the removal, the concrete floor/ceiling slab separating our two units was penetrated and a hole made in the slab.
The concrete slab was repaired by another (2nd) contractor (concrete restoration specialist)
who was approved and hired by our condo association. The remaining repairs to be done in my unit are finish coating and painting of ceiling areas damaged by the water leak and the slab penetration. I believe my neighbor is responsible for the repair of damage in my unit caused by his contractor in accordance with The Illinois Condo Property Act, but is insisting that I use his contractor (the one that caused the damage) to make the repairs in my unit. I do not have confidence in my neighbors contractor to make the repairs in a professional and satisfactorily manner. Therefore I believe that I have the right to select the contractor for repair work in my unit.
In summary, I need a determination of my legal right to select the contractor making
repairs in my unit. My neighbor is adamant that he will not pay for these repairs unless they are done by his contractor. Can I proceed with having the work done by my contractor and not waive my right to compensation from my neighbor?
 


HuAi

Member
You can select your own contractor and then sue your neighbor in court for the damages or you can let his contractor perform the repairs and not have to go to court.
 

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