Cincinnati, OH asked in Business Law for Ohio

Q: We own a roofing company. We sub-contract all of our jobs. A chimney repairman disappeared from the job. How long do we

It seems he has blocked our number. How long do we allow him to be MIA before hiring someone else?

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1 Lawyer Answer
Mark Martin Turner
Mark Martin Turner
  • Cleveland Heights, OH
  • Licensed in Ohio

A: It depends on the language of the contract but you can treat this as an anticipated breach of contract. If he is avoiding your calls and not responding to e-mails, you can cut him loose now. Send an e-mail stating that. You have an obligation to mitigate any potential damages caused by his anticipated breach. Hire someone to do his job. If he comes back you will have the phone/text records and the e-mail that show he dropped off the earth and you needed to get someone in there.

If the contract has any language about exclusivity or a time period he has to finish the project, that should be given its proper due, but otherwise, move on and hire someone who will do the work.

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