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Ohio Construction Law Questions & Answers
0 Answers | Asked in Real Estate Law, Construction Law and Land Use & Zoning for Ohio on
Q: Ohio HOA blocking Solar

My HOA is currently blocking me from getting Solar. Just in case my HOA management company is Eclipse Community Management. So if you represent them you dont need to answer.

I am trying to get them to approve putting solar on the front of the house and they do not allow solar panels on the... View More

2 Answers | Asked in Consumer Law, Contracts and Construction Law for Ohio on
Q: How do I recover a down payment to a general contracting company that is making no effort to communicate or do the work?

Contract signed for project and down payment paid in March. Contractor never contacted me again. I complained to the contractor company then was given a new contractor who is doing the same as the prior contractor. Verbally, the agreement with the first contractor and second contractor was to... View More

John Michael Frick
John Michael Frick
answered on Jun 10, 2024

It depends on the nature of the job and what a reasonable time for completion of that particular job is.

In a contract, the parties usually must explicitly agree on a firm completion date if it is important to the parties when the work must be performed. The phrase used to describe this...
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1 Answer | Asked in Construction Law for Ohio on
Q: What happens to my construction contract (commercial hotel reno) when the property is foreclosed upon.

Ohio

Nicholas P. Weiss
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answered on Jun 6, 2024

The contract remains. If you want to secure the work on the contract, you should file a mechanic's lien so that you can recover from any foreclosure.

1 Answer | Asked in Consumer Law and Construction Law for Ohio on
Q: What options do I have against a roofer who has replaced a roof and the workmanship is not up to industry standards?

We had our roof replaced 9 months ago and once it was finished, we paid what we owed based on the contract. After a few weeks we realized the work that had been done was not what we agreed upon. They replaced the roof again, then we found more issues on one section of the roof. They replaced just... View More

Nicholas P. Weiss
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answered on Mar 21, 2024

You likely have a claim under Ohio's consumer sales practices act for an unconscionable practice. Contact a consumer attorney.

1 Answer | Asked in Construction Law and Contracts for Ohio on
Q: I rented a skid steer and busted the oil pan and now they say they can put Charges on me for damages

Criminal intent is this possible

Tim Akpinar
Tim Akpinar
answered on Jan 30, 2024

An Ohio attorney could answer best, but your question remains open for a week. Breakage or failure of rental equipment should not ordinarily result in criminal charges, unless they are claiming that intentional, reckless, or other form of unacceptable usage led to the breakage. An Ohio attorney... View More

1 Answer | Asked in Construction Law for Ohio on
Q: I am a subcontractor and owner wrote a check that said final and if I cash such check I cannot file a lien. However

I Did not cash the check filed mechanics lien and civil suit for breach of contract. Can I cash the check now? Considering I have a civil suit for what the owner owes me

Bruce Martin Broyles
Bruce Martin Broyles
answered on Jan 13, 2024

Ohio law over the years has gone back and forth on the effect of cashing a check marked "paid in full". In 1996, R.C. 1303.40 established that cashing a check marked paid in full will extinguish the debt. Even though you have a pending lawsuit, you should not cash the check.

1 Answer | Asked in Construction Law for Ohio on
Q: What rights to we have if a roofing company agreed via email/text to a full refund if not completed by a certain date?

We signed 9/25/23 and we still have not had any work done. After having to harass them to take our calls, they agreed in an email and text messages to have the work completed by 12/8/23. Materials were delivered 12/7/23, but they did not show up. We wanted a refund but they refuse.

Joseph Jaap
Joseph Jaap
answered on Dec 11, 2023

You could sue them for breach of contract - in small claims court if your refund claim is $6000 or less. If more, then sue in Municipal Court. Use the Find a Lawyer tab to consult a local litigation attorney.

1 Answer | Asked in Consumer Law and Construction Law for Ohio on
Q: We are going through final inspections on a demolition. What is expected timeline on final payment?
Tim Akpinar
Tim Akpinar
answered on Dec 28, 2023

An Ohio attorney could advise best, but your question remains open for three weeks. That's something that would be set by the contract for the project, based on what the parties agreed to. Good luck

1 Answer | Asked in Contracts and Construction Law for Ohio on
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... View More

Nicholas P. Weiss
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answered on Jun 8, 2023

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...
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1 Answer | Asked in Consumer Law, Contracts and Construction Law for Ohio on
Q: How long can a contractor take to bill me?

Had roof done on 5/5/22. City inspector found out they didn't have permit. They apparently have an issue with getting the permit and still do not have it. This has been over a year now. I have the money waiting to pay them and am of course willing to pay them if they ever get their legal... View More

Nicholas P. Weiss
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answered on Jun 6, 2023

They can bill you whenever. If there was a written contract then they have six years from the last date of work performed to bring a claim against you for non-payment.

If they were required to get a permit, and didn't, then you have a strong claim under Ohio's Consumer Sales...
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1 Answer | Asked in Real Estate Law, Agricultural Law, Construction Law and Environmental for Ohio on
Q: 18acres of a farm adjoining to our farm, is building 90 townhouses . They are removing the woods between us exposing our

They are removing the woods between us exposing our privacy. What rights to do we to protect our privacy ?. And what happens if these new townhouses block our well water or contaminate it?

Joseph Jaap
Joseph Jaap
answered on Feb 6, 2023

If the developer purchased the property with the woods, then it can remove the trees. Talk to the local building and zoning office that issues permits for the construction about your concerns.

1 Answer | Asked in Consumer Law and Construction Law for Ohio on
Q: Hired contractor to "raise and level house" Fix failed two months after paid in full (20K). What recourse do i have?

I filed a complaint with BBB and have all documentation, including contractor's acknowledgement of failed fix. What are my next steps?

Nicholas P. Weiss
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answered on Dec 12, 2022

If you are in a municipality that requires a contractor bond, then you can make a claim on the bond for the work that is not up to code up to the value of the bond. Otherwise you will have to bring a lawsuit against the contractor. It is likely that you would have a claim under the Consumer Sales... View More

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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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.

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