testing one minute will give you is the appropriate time even if the time  for your opponent just to be able to hear you as well as the people in the back so can't be too sorry provide the brochure this case is similar in the extent that the contractor details provided the pamphlet or brochure to the homeowner in addition he also did fail to obtain a written contract  case when dealing with a brochure the court did find that even if the contractor failed to provide the brochure it did not preclude him from recovering in equity or law we believe the same argument can be made in a sense for the ring contract in that the home repair remodeling it provides for the homeowner to have a positive action on the consumer fraud statutes for any sort of violation relating to the home repair remodeling act we believe that they are in the so actual damages approximate result of the contractor's deficiency in their family to obtain a written contract or appealing to revive the consumer rights conflict so your position is that the procedural defaults if you will are remedies  turning have been given the authority to pursue justice because the policy behind the camera there amounting act of itself is to protect the public interest to protect those homeowners who are being solicited by door to door salesmen or those contractor been paid a substantial portion of what they claim lawyers that he would have to turn around and refunding the homeowner even on the work if they completed the homeowner who benefited by whatever remodelling and done whatever renovations have been done  contract because they determine there was our first sentence and consideration based on the facts that the homeowners the contractor to do the work the parties that had extensive discussions regarding what was to be done to the house there were discussions about what the costs five of the home repair remodeling act if provides eternal states training with the opportunity to pursue any sort of remedy or any sort of penalty for violation of the act and then in the situation where a contractor is not license or fail purpose of the act was achieved without a strict compliance and the second problem was whether or not they were prejudiced in the homeowner when looking at the first crime to determine whether the purpose of the act was achieved without strict compliance the court didn't find in their case that the contractor did substantially comply with the home repair mai ling act in the sense that again the homeowner who contacted the contractor to do the work the parties had worked together for years before both in the same trade and understood what work was required and right to demand a refund of that money when they later assert the home or their obamacare as an affirmative defense so that the at the rules of equity would apply to homeowners but they won't apply to the contractor oh that's that's acceptance there was consideration i think to the extent that the homeowner and the contractor are making progress toward a resolution of the contract and payments are being made to the extent that that's taking place the contractor who broke the law they're the ones who are filing the suits suing the consumer the homeowners they're the ones who have to be affirmed visibly stopped from gaining the benefit of the legal bargain with respect to the threat that a homeowner such as my clients who demand me payment of any payments that they have made prior to the falling out which we discussed briefly as a any payments made up to the point icon tricked into if i was going to sell you some lakefront real estate and we already contracted for that sell real estate and later i backed out of the last minute you wouldn't have the right to pursue me because that kind of contract is on a lawful concern because if you're somebody who said in that case it was a real estate attorney who took advantage it seems of harm working on this contractor who is really to blame for all the work half a million dollars job ok in that situation the courts still have another option they don't have to you know wriggle off the contrary that case because the plaintiff need merely plead an additional comfort equitable in that case because the section of the former paramount that declares certain kind of to be on lawful is not a section that requires the pamphlet and that is the subject of the artisan design case which i think clearly  destroys my client's right to pursue an affirmative defense based on the fact to the extent that the contractor failed to provide that pamphlet i agree with that i think it's a well reasoned decision i've got no beef with that but attempting to get out of that agreement and i have to pay the full amount that was originally agreed on between the parties because of procedural or technical violations that part of the contractor for not taking a written work that was completed however we don't go there because we haven't gotten to any evidence on the kids was dismissed and tried before any of that was ever brought to light so i believe in it and as and although the opposing counsel is tempted to say designed to protect the disadvantage not to serve as a trick for them wary as an artist in case the contractor was a wisconsin contractor the clerk felt that you know he was scott's a contractor helping holding him responsible to understand and no illinois law should he have his contract in the state of illinois i know what the law is most definitely however in cases like that where the parties have discussed in their spend so much detail put into working out an agreement between the parties and there is an agreement in some form or fashion between the parties to then allow it to you homeowners to say that their contract is on enforceable it's not acceptable to the contractor so now we've all said shifted everything so instead of it being allegedly an equitable those however i believe they keep the new cases they keep coming up as things are progressing there tends to be more interpretation of the home apparently protecting knows better disadvantage for those homeowners that are not