Columbus, OH asked in Contracts and Construction Law for Ohio

Q: I would like to fire my contractor for not completing a job in a reasonable time frame.

We were told the job would be done in Feb 2023, It is now June and we are still being delayed and not scheduled. Our contractor has been "scheduling" dates to start for months but then reschedules the day before, most times without notifying us unless we reach out to them. I asked to cancel our contract and was told that we could not because #1. It was a special order for materials #2. The company that we secured financing with would not let us cancel our financing (even though they have not paid out any monies to our contractor because the job is not done). The contractor informed me that he would sue me for damages and restocking fees if we choose to end our contract. What rights do I have?

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1 Lawyer Answer
Nicholas P. Weiss
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  • Construction Law Lawyer
  • Cleveland Heights, OH
  • Licensed in Ohio

A: Under Ohio's consumer sales practices act, it is a deceptive act for a supplier (the contractor) to allow 8 weeks to elapse without services being rendered. O.A.C. 109:4-3-09.

If the contractor messes this up, they are liable for three times your damages (amount paid) plus reasonable attorney fees and costs.

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