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Ohio Construction Law Questions & Answers
1 Answer | Asked in Construction Law for Ohio on
Q: Can I pay the contractor only what’s owed according to work done? Contractor demanding money for work not done.

I have a scope of work from my homeowners insurance. There are things that the contractor did not do. I have highlighted and given the detailed scope to him and he’s stating I owe more than what was done. There was also damage to property that he’s claiming we did/manipulated in order to cause... Read more »

Joseph Jaap
Joseph Jaap
answered on Dec 1, 2022

If you don't pay, the contractor could sue you, or instead, choose to record a mechanic's lien against your home. The lien automatically expires after 6 years if no action is taken on it. Try to work it out with your insurance and the contractor, but if contractor files a lien or... Read more »

1 Answer | Asked in Construction Law for Ohio on
Q: I paid 8 grand to a contractor to start a fence and he gave me a receipt, and never start the job, how i file a complain

The receipt has his name and company name, even somebody gave us his address and he is avoiding all type of a contact

Joseph Jaap
Joseph Jaap
answered on Nov 23, 2022

Check your local court's web site for the process and form for filing a complaint in Municipal Court. Use the Find a Lawyer tab to retain a local litigation attorney to represent you.

1 Answer | Asked in Construction Law for Ohio on
Q: Can a contractor terminate a contract because of too many errors brought to the attention of the contractor by buyer?

Landscape drainage, too low window wells refused to change and drywalled lower level flooded

Kitchen cabinets incorrectly installed even though an approved plan noted otherwise.

Island wrong colored cabinets

Lastly siding choice was hard to get, he asked to substitute a... Read more »

Joseph Jaap
Joseph Jaap
answered on Oct 10, 2022

If the contract had an arbitration clause, then provide notice to commence that. If it didn't, contractor doesn't have to agree to arbitration. But the contractor might not have complied with all the required consumer protection clauses in the contract, which might render it void and... Read more »

2 Answers | Asked in Contracts and Construction Law for Ohio on
Q: In Ohio can you ask a contractor for receipts from subcontractors?

The contractor told me it is illegal to share receipts with me in Ohio. Is this true?

Joseph Jaap
Joseph Jaap
answered on Sep 19, 2022

Yes, you can ask for receipts. No, it is not illegal to share them. But it depends on what your contract with the contractor says. The contractor might still refuse to share them. If there is a dispute over payment to the contractor, then use the Find a Lawyer tab to retain a local construction... Read more »

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1 Answer | Asked in Contracts and Construction Law for Ohio on
Q: Am I obligated to pay?

In December I contacted a company to build me new porch steps. They said they would reach out to me at the beginning of the year for details. In February we were chatting and we discuss me paying half up front and half upon completion. After sending my address I never heard from them so I made... Read more »

Joseph Jaap
Joseph Jaap
answered on May 12, 2022

If you don't pay, they could sue you. Depending on the facts, you might have made an oral contract with them. But it would be difficult for them to prove the terms of the oral contract it in court. You could deny there was a contract. If they did not give you the required consumer... Read more »

1 Answer | Asked in Construction Law for Ohio on
Q: Hello, home owner entered into a project with a concrete contractor. At the time of estimate provided him with a …

Drawing of the required work. He provided me with a estimate upon receiving the estimate it did not match the drawing/ scope of the work needed exactly, a conversation was had and an updated price was arrived upon based on the estimate to match the drawing. Nothing was confirmed via contact or on... Read more »

Joseph Jaap
Joseph Jaap
answered on Apr 11, 2022

There should always be a written, signed contract for construction work which specifically defines the scope of work, with signed change orders for any deviations from the contract's scope of work. The contractor might be in trouble if it failed to provide all the required consumer protection... Read more »

1 Answer | Asked in Banking, Construction Law and Contracts for Ohio on
Q: Hired contractor to build home in Sept. Now April and still no permits. Can I cancel contract and get money back

Hired contractor to build home in September, he had one application for septic turned in that would be $20,000 over, it is now April and no permits have been issued. Looking to see options to get initial payment back and go with different builder.

Joseph Jaap
Joseph Jaap
answered on Apr 5, 2022

What you can do depends on the terms of the contract that you signed. Use the Find a Lawyer tab to retain a local construction law attorney who can review the construction contract and its requirements, and advise you of your options.

1 Answer | Asked in Construction Law for Ohio on
Q: A customer requested an estimate for home repairs, they agreed to the contract, but cancelled 4 days before start date

The estimate is a detailed document sent to the customer via email or text. It states that it is used as the contract and that it follows general contracting conditions regarding payments. The customer agreed to the price and the start date and cancelled on me 4 days before the start date/ 8 days... Read more »

Nicholas P. Weiss
Nicholas P. Weiss
answered on Jan 2, 2022

If there was no actual start and no costs incurred by the contractor, then no one has any rights. Everyone can terminate the contract without penalty. The only exceptions would be if 1) there was anything in the contract granting profit under the contract or 2) the contractor incurred any initial... Read more »

1 Answer | Asked in Construction Law for Ohio on
Q: Can a representative for the owner of the claimant company sign the affidavit for mechanics lien?

The owner is not available to have the affidavit notarized. Can I, his office manager, sign the affidavit as his representative. This is in Ohio

Joseph Jaap
Joseph Jaap
answered on Dec 14, 2021

A company representative who is properly identified in the affidavit and has knowledge of the facts stated in the affidavit that are required to be in the lien affidavit, can sign the affidavit, which then must be recorded within the time limit and properly served on the property owner within that... Read more »

1 Answer | Asked in Construction Law for Ohio on
Q: need advice with mechanic's lien

field a lien against property owner. need to know if I should file against property lessee

Joseph Jaap
Joseph Jaap
answered on Aug 2, 2021

A mechanic's lien must be filed against the party who contracted for the work. If a contract is with a tenant, then the lien must be filed against the tenant's leasehold interest. If the owner was not a party to the contract, then a lien file against the owner would not be effective... Read more »

1 Answer | Asked in Construction Law, Consumer Law and Small Claims for Ohio on
Q: I use Ogx by Johnson and Johnson. I seen the law suit,How do we go about joining law suit

I have been using this product for multiple years and have had significant hair loss

Andrew Popp
Andrew Popp
answered on Jul 9, 2021

I suggest contacting the law firm(s) who filed the class action so they can make sure you are included. From the Pleadings, I see the firms are:

1. Shub Law Firm in Haddonfield, NJ

2. Sciolla Law Firm in Philadelphia, PA

3. Whitfield Bryson in Raliegh, NC.

For...
Read more »

1 Answer | Asked in Consumer Law, Contracts and Construction Law for Ohio on
Q: Under what circumstances can I successfully sue for my deposit back from a contractor who "tried" but failed to perform?

A contractor I hired to fix my leaking roof took half down from me but the roof still leaks. He warranted the work for 20 years although the project isn't "done", but at this point I am not sure he is competent to fix it. To fix it he will have to basically start over, and I think... Read more »

Joseph Jaap
Joseph Jaap
answered on Jun 15, 2021

If the roof leaks, then the job has not been done properly or is not complete. Talk to the contractor about it. If you intend to terminate him for breach of contract and sue him, you have to give him notice. Even if you succeed in court and get a judgment against him, it might be difficult to... Read more »

1 Answer | Asked in Consumer Law and Construction Law for Ohio on
Q: I have paid a contractor 14000.00 to put up a vinyl fence. They did not cement the pillars in the ground and my fence

Is not stable. Plus it's not straight and the gate does not lock cause the hasp and locking piece dont line up. Tried to get him back to look at it and he never shows

Bruce Martin Broyles
Bruce Martin Broyles
answered on May 20, 2021

When the contract was written did the contractor give you a written notice of your right to cancel the contract within 3 days. If the contractor does not have a storefront or a building where you can view his work, then he is subject to the Home Solicitation Sales Act. Without a three day notice,... Read more »

1 Answer | Asked in Car Accidents and Construction Law for Ohio on
Q: Who is at fault for ice buildup due to clogged downspout that subsequently fell 30 feet onto a car?

Car owner parked in a parking lot next to a building. The 30 foot tall downspout had ice accumulation due to the fact it was clogged and did not allow proper water drainage. While away, a large section of ice sheared away from the downspout hitting the car and causing major damage. Ice was large... Read more »

Tim Akpinar
Tim Akpinar
answered on May 2, 2021

An Ohio attorney could advise best, but your post remains open for three weeks. It could depend on a number of factors, including condition/maintenance of the waterspout, conditions for use of the lot, warning signs or disclaimers, and other possible factors. An Ohio attorney could offer better... Read more »

1 Answer | Asked in Construction Law, Education Law and Securities Law for Ohio on
Q: Can I ask my school for building blueprints?

Using for a project but they denied my request because they said it violates security protocols.

Matthew Williams
Matthew Williams
answered on Mar 10, 2021

Sure, you're allowed to ask, and they are allowed to say no.

1 Answer | Asked in Construction Law for Ohio on
Q: How do I get out of a contract with a roofer? No work has started, and it’s been two months.

I had a roofer come to inspect damages. He told me it needed immediate attention. He came back the next day to do an “emergency” tarp. I signed what I thought was a receipt for the check I wrote and the work performed. It turns out to be a contract for work once insurance approves the claim.... Read more »

Joseph Jaap
Joseph Jaap
answered on Dec 10, 2020

You don't have to let the roofer come back, and can get another company to do the work, but the roofer might sue you for breach of the contract or place a lien on your property for the value of work already done. Try to work out a release termination and settlement with the roofer, or use the... Read more »

1 Answer | Asked in Construction Law for Ohio on
Q: I hired a roofer to put a new roof & gutters on but 5 months later they are still not done.

I hired them in May and its the end of October and they have only 10 percent left to do. I have paid them 2/3 of the contract but I cant get them to come out and finished the job. they keep telling me they are really busy. Can I just not pay them the rest and hire someone else to finish or do I... Read more »

Joseph Jaap
Joseph Jaap
answered on Oct 23, 2020

If you hire someone else to finish, the roofer can put a mechanic's lien on your house. That will make things messy. The roofer's contract might not have had all the required consumer protection terms, so if it went to court, the contract might be deemed invalid. If the roofer... Read more »

1 Answer | Asked in Contracts, Construction Law and Consumer Law for Ohio on
Q: Hello, I recently had a drain field re dug in my septic system. The cost was $5500.

Within a few months the same issue began. We contacted the company who performed the initial work and through numerous attempts and 8 missed appointments on the company's end, the issue is still not fixed and our renters are threatening to move out. Additionally, the septic company instructed... Read more »

Joseph Jaap
Joseph Jaap
answered on Sep 28, 2020

You can sue the contractor in small claims court up to $6000. Check your local court for the form to file. But you must present proof that the work was not done properly, so have another contractor inspect and provide a written quote for repairs. Or use the Find a Lawyer tab to retain a local... Read more »

1 Answer | Asked in Contracts and Construction Law for Ohio on
Q: How long does a contractor have to hold his price, if the proposal was signed and accepted and no T&C's are on proposal?

I received a proposal on 07/28/20 for a pole barn to be built. Prior to the contractor ordering the material package, we had to obtain engineered drawings and a building permit per the contractors verbal instruction. I signed and accepted the proposal same day. Today, I received a revised quote... Read more »

Joseph Jaap
Joseph Jaap
answered on Sep 21, 2020

There is no specific law. If you don't agree to the increase, the contractor is unlikely to build your project. You could claim a breach of contract, select another contractor, and if the other contractor charges more for the same construction, you could sue the first contractor for the... Read more »

1 Answer | Asked in Construction Law for Ohio on
Q: In Ohio: How do I fire a contractor that was hired to rehab my house after a fire? Should have been completed 4/6/20.

Work started beginning of Sept 2019, has gone on 4 months past initial completion estimate of 4/6/20. As of 8/22/20, I am still finding areas untouched that should have been cleaned of soot in the beginning. Every task done is not restored as it was, every job done has been incomplete, or not done... Read more »

Joseph Jaap
Joseph Jaap
answered on Aug 24, 2020

If you believe contractor has not fulfilled the terms of the contract and is in breach, then send a written notice of termination or other method as specified in the contract. The contractor might file a mechanic's lien for the value of the work contractor claims has been done correctly. You... Read more »

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