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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 
answered on Jun 11, 2024
Recently had a decision from the Fifth District that held that the contract did not have a completion date, and the contract did not state that "time was of the essence", therefore the absence from the project for even a long period of time was not a material breach. Attempting to... View More
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
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... View More
Criminal intent is this possible
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
I have a customer that is based in Texas but has a steel mill in Ohio. We are in Ohio and supplied materials to this company for repairs to the steel mill. Can a NOI or mechanics lien be done for this customer?
answered on Oct 18, 2024
Yes, within 75 days from the date materials were furnished. If owner did not record notice of commencement, then no need to provide notice of furnishing.
Ohio
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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.
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
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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.
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
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.
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
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.
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.
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
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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... View More
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
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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... View More
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?
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.
I filed a complaint with BBB and have all documentation, including contractor's acknowledgement of failed fix. What are my next steps?
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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
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
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
The receipt has his name and company name, even somebody gave us his address and he is avoiding all type of a contact
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.
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
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
The contractor told me it is illegal to share receipts with me in Ohio. Is this true?
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
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
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
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
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
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.
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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