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 they...Read more »
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... Read more »
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.
You could file a mechanic's lien for payment. But if you did not follow all the required consumer protection rules and notices, then the homeowner could have the contract cancelled, and you could be forced to return what he has paid. Use the Find a Lawyer tab to retain a local construction...Read more »
The Ohio club has failed to maintain the barbed wire and it is now falling off the fences and is completely rusted. Our housing complex, which abuts the course, has repeatedly asked for its removal. We are obviously concerned about the danger to children and pets from both the barbs and rust.
We recently built a new home and took possession in Dec 2018. The blueprints for this home show a well basement exit with stairs "exiting to grade". The new home builder made a mistake when pouring the concrete steps and they now exit about 20 inches above the grade. The builder is unable to raise... Read more »
I believe that you have a breach of contract. However, your damages maybe severely limited by the diminution of fair market value. The damages would be the cost to correct or cure, but those damages are limited by the amount that the fair market value of your home is diminished by the failure to...Read more »
All elements of house build were signed by all parties (builder/homeowner). There was a specific electrical plan for entire house that was signed off. We identified they were not following signed electrical plan. When confronted why they weren’t following they stated “we don’t follow those... Read more »
Yes. Unless the deviation from the signed electrical plan is relatively minor or the result of an extreme increase in the cost. You should be able to require the contractor to follow the signed electrical plan. Regarding the 2 1/2 month delay, you may be able to sue for breach of contract...Read more »
It depends on what your construction contract says about possession of the home. An owner of the real estate would normally be permitted to enter the home. Use the Find a Lawyer tab to retain a local attorney to review your contract and all the facts, and help you work out this dispute with the...Read more »
Anyone can sue anybody for anything by paying a court filing fee. Whether they win the lawsuit depends on all the evidence and testimony submitted to the court. If you receive a summons of a lawsuit, use the Find a Lawyer tab to retain a local attorney who does construction litigation cases to...Read more »
The basement had been freshly painted prior to showing with a very thick paint so of course we did not notice ANY cracks in the basement walls (we looked at this property three times)! Just yesterday we noticed a very weird, very straight line of dirt 2 feet from the top of the basement walls. My... Read more »
In Ohio, the seller of a home can be held liable for actively concealing defects in the property. The active concealment would constitute fraud and your statute of limitations does not begin to run until the fraud is discovered. Your claim is very dependent upon facts and what evidence you will...Read more »
The statute of limitations for a breach of oral contract claim is six years. R.C. 2305.07. "The cause of action arises when the plaintiff discovers the omission to perform as agreed in the oral contract." Aluminum Line Prods. Co. v. Brad Smith Roofing Co., 109 Ohio App.3d 246, 258, 671 N.E.2d 1343...Read more »
The city I live in replaced all the main sewer lines this past summer about 8 months ago. Since then, three houses in a row, including mine, have experienced ruptured pipes on our properties. Other homeowners on the street and other streets have experienced the same thing.
The neighbors should band together and hire an engineer to inspect and determine a cause for the problem, then the neighbors can retain an attorney to review the situation, talk with the city, and try to find a resolution.
Replaced water pump six to seven months after signing contract two of the wall heaters have caught on fire not to mention several other problems no insulation in crawl space, cracking foundation, and attached garage separating just to name a few the previous owner has signed all his properties over... Read more »
Buyer and seller must follow the written terms of the land contract they signed for purchase and sale, including the purchase price. A buyer can notify the seller of problems and try to renegotiate, but the seller is under no obligation to agree to any changes. Use the Find a Lawyer tab to retain...Read more »
We were back charged 1179 out of 1770 worth of invoices for quality issues that were never raised with us. He also changed the agreed upon quoted price of 580 per unit to 400 on the final bill. So his final bill disregarded our agreed upon prices (which he has already paid in Dec) and changed 1770... Read more »
Check your contract for any dispute resolution procedures. If there are none, then your choices are work out a settlement, mediation, arbitration, or litigation. Use the Find a Lawyer tab to consult a local construction litigation attorney.
The work he HAS done has been shoddy. He assured us he was licensed and bonded but, regrettably, we didn't ask for proof. Now that he's 75% done, and we've paid 70% of the total, we looked into it and realized he's not licensed. What can we do? I certainly don't want him on my property without a... Read more »
I signed a contract with local basement finishing company back in June of 2016. Per contract, work was to begin in 4 weeks and finish in 4-6 weeks after it starts. After several follow ups, work started in Oct. Since then until today (in almost 4 months) only about 30% work has been completed. The... Read more »
You can send the contractor a notice of termination and demand return of the remainder of excess funds already paid. If contractor will not return them, then you can sue in small claims court up to $6000, or in municipal court up to $15,000. Use the Find a Lawyer tab to consult a local...Read more »
The driveway is to my house, there is construction outside and today they have put a gate up in front of the entrance of my house, blocking all access to my private driveway. The construction project is a public project doing utilities.
They are allowed to do what is reasonable and necessary for the work they are doing within their public utility easement. If you talk to them, they will probably do their best to accommodate you. If you want to take legal action, then use the Find a Lawyer tab to consult a local real estate...Read more »
If the contractor did not complete the job in the time as specified in the contract, then the contractor has breached the contract. That gives you grounds to notify him that the contract is terminated. You are obligated to pay him what he is owed, minus any extra amounts you incur to finish the...Read more »
Your recourse depends on a few different issues. First, when it was installed, did the installer provide you a warranty? 2nd, what is the reason it is cracked and leaking? 3rd, does the product itself about warranty?
If the cracks or because of misuse by the consumer, you may not have any...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.