Hamilton, OH asked in Consumer Law, Civil Litigation, Collections and Construction Law for Ohio

Q: We built a home almost 3 yrs ago and the leach field failed within months. It took the builder 2 1/2 yrs to fix can I ??

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 took to get things done with the septic. He stopped sending bills and I stopped paying based off our agreement. But I don't have anything in writing between us except maybe an email or text between us. He was the land owner and developer and was the contractor that built the house? What's the best way to move forward with this guy now that instead of taken care of me he wants to force my hand to sue or pay his bill and the work is still not done and I have many text between us. What can I do?

1 Lawyer Answer
Bruce Martin Broyles
Bruce Martin Broyles
  • Construction Law Lawyer
  • Lancaster, OH
  • Licensed in Ohio

A: 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.

1 user found this answer helpful

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