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... Read more »
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...Read more »
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... Read more »
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...Read more »
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.
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.
The estimate is a detailed document sent to the customer via email or text. It states that it is used as the contract and that it follows general contracting conditions regarding payments. The customer agreed to the price and the start date and cancelled on me 4 days before the start date/ 8 days... Read more »
If there was no actual start and no costs incurred by the contractor, then no one has any rights. Everyone can terminate the contract without penalty. The only exceptions would be if 1) there was anything in the contract granting profit under the contract or 2) the contractor incurred any initial...Read more »
A company representative who is properly identified in the affidavit and has knowledge of the facts stated in the affidavit that are required to be in the lien affidavit, can sign the affidavit, which then must be recorded within the time limit and properly served on the property owner within that...Read more »
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 »
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