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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
We had a house fire, my contractor was given $40k, pulled no permits to work on my house, barely did any work and the work he did do was incorrect and has to be redone. He will not give the money back and at this point will not return phone calls.
You can sue for breach of contract and return of the money in small claims court up to $6000, or in municipal court up to $15,000. Check the court web site for the form to file and the court process. Or use the Find a Lawyer tab to retain a local attorney to represent you.
My company has recently leased a new office space in a newly renovated building (including the parking lot). The parking lot has a utility pole with a guy wire that extends into a parking space. The parking spot doesn't have any warnings (e.g. the spacing being striped for no parking).... Read more »
Talk to the local building dept. whether it is a violation. If not, and if landlord or company will not pay for repairs, you could sue in small claims court. The court will determine if they have any liability for failing to post a warning sign. But if the wire was in plain sight, the court...Read more »
Fence contractor dug through my outside sewer line. Contract states they are not liable for unknown obsticles such as sewer lines. My question lies in do they carry any liablity in that they never informed us of the damage and moreover actually placed the fence post and concrete footing into the... Read more »
If their contract says that, and you signed it, then they might not be liable.
But they might not have followed all the consumer protection requirements to give you notice of 3 day right to cancel, etc. If those were required, and they didn't, then that could void their contract, so...Read more »
They still haven't taken care of warranty work they promised to do as recent as 2 months ago up till this last conversation and now that I said we were done with the games he now has sent me a bill for money that was owed at one time but he waived as good will gesture because of how long it... Read more »
Cannot imagine that the work taking 2 1/2 years did not breach at least a portion of the contract. Was it properly permitted and installed by a licensed installer? The emails may establish a waiver. Have you been able to stay in the house? I would imagine that an occupancy permit was not issued.
You could file a mechanic's lien for payment. But if you did not follow all the required consumer protection rules and notices, then the homeowner could have the contract cancelled, and you could be forced to return what he has paid. Use the Find a Lawyer tab to retain a local construction...Read more »
The Ohio club has failed to maintain the barbed wire and it is now falling off the fences and is completely rusted. Our housing complex, which abuts the course, has repeatedly asked for its removal. We are obviously concerned about the danger to children and pets from both the barbs and rust.
We recently built a new home and took possession in Dec 2018. The blueprints for this home show a well basement exit with stairs "exiting to grade". The new home builder made a mistake when pouring the concrete steps and they now exit about 20 inches above the grade. The builder is unable... Read more »
I believe that you have a breach of contract. However, your damages maybe severely limited by the diminution of fair market value. The damages would be the cost to correct or cure, but those damages are limited by the amount that the fair market value of your home is diminished by the failure to...Read more »
All elements of house build were signed by all parties (builder/homeowner). There was a specific electrical plan for entire house that was signed off. We identified they were not following signed electrical plan. When confronted why they weren’t following they stated “we don’t follow those... Read more »
Yes. Unless the deviation from the signed electrical plan is relatively minor or the result of an extreme increase in the cost. You should be able to require the contractor to follow the signed electrical plan. Regarding the 2 1/2 month delay, you may be able to sue for breach of contract...Read more »
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