Is a Verbal Agreement With a Contractor Legally Enforceable in Ohio?

Some verbal agreements may be legally enforceable in Ohio, depending on the circumstances and the evidence available. However, it may be more difficult to prove the exact terms of an oral agreement than to enforce a written contract, unless the verbal contract is filmed or audio recorded. However, supporting documentation can help establish the presence of an agreement, such as e-mails, invoices, and eyewitnesses.

What Happens if My Contractor Goes Out of Business Before Finishing the Project?

If a contractor goes out of business or files for bankruptcy before completing the work, it can become more difficult to recover your financial losses. How you proceed could be contingent on the contractor's insurance, a posted bond, or any assets still in their possession. If legal action becomes necessary, it's crucial to keep meticulous records of the project and all payments.

Can Weather Conditions Excuse a Contractor for Project Delays in Middleburg Heights?

In Middleburg Heights, weather does not always excuse a contractor for project delays. Some construction contracts specifically address weather-related delays and explain when completion dates may be extended. If the contract does not clearly address delays, the circumstances surrounding the project must be evaluated. However, the severity of the weather may help determine if it is a reasonable delay. For instance, a disastrous hurricane may be reasonable, whereas a simple thunderstorm may not.

Can I Recover the Cost of Hiring Another Contractor to Finish the Project in Middleburg Heights, Ohio?

You may be able to recover the cost of hiring another contractor to finish the project. If the original contractor was in material breach of contract, you might be able to recover damages in the amount of the reasonable cost of completion or repair. How much, if any, you can recover depends on the facts, the contract, and whether the replacement work was reasonably necessary. Keeping the repair estimates and invoices in detail may help.

Middleburg Heights Contractor Dispute Lawyer

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Best Contractor Dispute Attorney in Middleburg Heights, OH

Construction projects and renovations begin with high expectations. It doesn’t matter if you’re updating a family residence near Southland Shopping Center, a commercial property along Bagley Road, or a business close to I-71; the expectation is always that the work will be finished according to your agreement. Unfortunately, contractor disputes are more common than many property owners realize. This is when a Middleburg Heights contractor dispute lawyer can help.

Hire a Contractor Dispute Lawyer

For over three decades, Phillips & Mille Co., L.P.A., has assisted individuals, families, and businesses in Middleburg Heights, Cleveland, and other nearby communities with complex legal issues. We make it our mission to deliver straightforward legal counsel, so you’re fully informed about your options prior to making crucial choices. We believe that every legal matter is worthy of thoughtful attention because no two disputes are identical.

When you hire a contractor dispute lawyer, they can handle a lot of the legal sides of your dispute, including those within real estate and related disputes. A Middleburg Heights contractor dispute attorney can look at the evidence and provide you with practical solutions to the issue.

Your attorney can also look at your contract and let you know if there are any discrepancies or places you or your contractor may not have upheld their side of the contract. If necessary, legal assistance can negotiate a settlement on your behalf, or if it escalates to litigation, they can represent you in court. Legal advice may also help determine whether professional inspections or additional documentation is needed to support the claim before filing.

When Contractor Disputes Arise

The foundation of most construction jobs is a written contract that spells out what needs to be accomplished, the payment conditions, the timeline, and everyone’s expectations. Contractor disputes arise when one party feels those obligations have not been met. Contractor dispute cases may involve:

Incomplete jobs
Subpar work
Missed deadlines
Breach of contract
Not obtaining the proper permits
Unauthorized changes to the work
Disagreements regarding payment

Ohio Laws That May Affect Contractor Disputes

The Ohio Consumer Sales Practices Act (“CSPA”) prohibits a Supplier from committing unfair or deceptive acts or practices in connection with a consumer transaction, whether the behavior is before, during or after the Consumer Transaction. The CSPA prohibits a Supplier from misrepresenting the characteristics, benefits, quality, grade, style or model of a consumer product, as well as any misrepresentations regarding warranties, rights, or remedies available for the consumer product.

The CSPA also prohibits a supplier from recommending that a consumer product be replaced or repaired if the repair or replacement is not required. If the consumer proves that the Supplier’s actions had been determined to be a violation of the CSPA and was recorded in the Ohio Attorney General’s Public Inspection File, the consumer may recover three times the amount of the consumer’s actual economic damages plus an amount not exceeding $5,000.00 in noneconomic damages. A consumer may also recover their reasonable attorney’s fees if they show that the Supplier knowingly violated the CSPA.

Ohio Home Solicitation Sales Act

The Home Solicitation Sales Act (“HSSA”) protects consumers from high-pressure sales tactics that are sometimes employed during in-home solicitations. “Home Solicitation Sales” are sales of consumer goods or services, used primarily for personal, family or household purposes, in which the seller engages in a personal solicitation at the residence of the buyer, including solicitations in response to an invitation by the buyer. Every Home Solicitation Sale needs to be set forth in an agreement containing the terms of the sale and the name and address of the seller.

The agreement must also set forth a statutory notice advising the buyer of their right to cancel the Home Solicitation Sale, without penalty, at any time prior to midnight on the third business day following the date of the agreement. This notice must clearly appear on the agreement in ten-point, bold-faced type. The agreement is also required to have a “Notice of Cancellation” form attached to it. This form advises the buyer of their right to cancel the agreement, without penalty or obligation, by midnight of the third business day following the date of the agreement, advises of the procedure for canceling, and the procedure for the return of any money provided by the buyer in the event of a cancellation.

The information on the form must be clearly spelled out in ten-point, bold face type. The seller is required to complete the Notice of Cancellation by filling in the name and address of the seller’s place of business, the date of the agreement, and the date by which the buyer must give the notice of cancellation. The seller is also required to provide a copy of the Notice of Cancellation to buyer.

The three-day period does not begin to run until the seller has provided the buyer with this required notice. If the seller fails to provide the buyer with the Notice of Cancellation, the buyer may cancel the agreement by notifying the seller of his intention to cancel at any time.

A seller’s failure to comply with the HSSA requirements also constitutes a violation of the Ohio Consumer Sales Practices Act for which the buyer may seek to rescind the agreement or recover damages incurred as a result of the violation. In some situations, the buyer may recover up to three times their actual economic damages as well as their reasonable attorney’s fees and costs.