The House Was a Year Late, and It Wasn’t What You Ordered

A Deerfield family expected to move into their custom home in September. But instead, they spent another year in a rental, paying for storage, rescheduling movers, and watching construction costs climb: the builder blamed subcontractors, material shortages, and changes the family supposedly requested.

Eventually, the house was finished, and the family moved in, relieved to put the experience behind them.

Then a technician servicing the heating system noticed something unusual; the equipment was not the model specified in the contract but a much cheaper version. Further, a closer inspection revealed that the windows and exterior stone had also been substituted. None of the changes had been approved.

The family had waited an extra year for a house that wasn't the one they ordered.

A Year Late Doesn’t Mean a Year of Damages

A missed completion date doesn't automatically entitle the homeowner to reimbursement for every month of delay.

Suppose the builder claims a three-month delay because the cabinets arrived late. But during those same months, the electrical system was unfinished and the house couldn't have passed inspection anyway. Even if the cabinets had arrived on schedule, the family still couldn't have moved in.

In Fieldcrest Builders, Inc. v. Antonucci, the Illinois Appellate Court recognized that homeowners may recover damages for residential construction delays. But where both sides contributed to the delay, the claimant must establish which delays the other party caused and what they cost. There, the homeowners had failed to separate delays caused by the builder from those attributable to their own actions and other circumstances.

On the other hand, a year of extra rent might be recoverable if the builder caused the delay, the expenses were reasonably foreseeable, and the contract permits recovery. But the homeowner needs evidence connecting the builder’s conduct to the additional expense. Construction schedules, emails, subcontractor records, and inspection dates can matter as much as receipts.

The Builder Installed Something Cheaper. So What?

The builder might argue that the substituted heating system works perfectly well. The house is warm. The windows keep out the cold. Why should the family complain?

If the contract requires heating equipment with a specified efficiency rating and the builder installs a cheaper system that heats the house but misses that rating, the warm house doesn’t excuse the deviation. If the two systems were truly interchangeable, one might ask why the builder didn’t seek approval first. On the other hand, if the contract permits equivalent substitutions or sets allowances, a different manufacturer’s product isn’t automatically a breach. A technical comparison separates a material deviation from an authorized substitution.

Winning the Breach Claim Can Still Mean Recovering Nothing

Illinois courts generally measure damages for defective construction by the reasonable cost of repair.

However, if repairs would require unreasonable destruction of otherwise sound work, or cost far more than the benefit obtained, courts may instead measure how much value the defect took away.

In Witty v. C. Casey Homes, Inc., homeowners discovered that their builder had installed defective ordinary brick instead of the specified face brick, and the trial court found a breach. Replacing the brick, however, would cost approximately $50,000, nearly the entire original price of the house; the work also required removing every brick and risked damaging other parts of the building. Further, the homeowners hadn't offered evidence of diminished value. The court concluded that the proper damages measure was the reduction in the home's value, not the replacement cost.

What Happens After Closing?

Moving in doesn't necessarily waive a claim for concealed substitutions. But closing documents, releases, warranties, and contractual notice requirements may affect the available remedies. A homeowner who approved an alternative product before closing is in a different position from one who discovered an unauthorized substitution months afterward.

Before replacing disputed materials, preserve photographs, model numbers, specifications, inspection reports, and correspondence. The builder may also have contractual inspection or repair rights.

The question is not simply whether the finished house differs from the plans; it is what the contract required, what the builder actually provided, and how the difference can be measured.

If your custom home or renovation is late, incomplete, or built with materials you didn’t agree to, we can review the contract, the delay record, and the specifications and assess your recovery. Contact us to discuss your matter.

This article provides general information and does not constitute legal advice. For guidance concerning a specific matter, see our commercial litigation services. The available remedies depend on the governing agreements, the evidence, and applicable law. To discuss potential representation, request a consultation. Submitting an inquiry does not establish an attorney-client relationship.