Dealing with a contractor who breaches your contract can be frustrating and costly. When contractors don’t meet their obligations, it’s helpful to know how to respond.
Review your contract carefully
The first step in handling a breach of contract is to review the agreement you made. A well-written contract should outline the scope of work, timelines, payment schedules, and penalties for non-performance. If your contractor fails to meet any of these terms, refer to the contract for a clear understanding of what was promised. Make sure the contract is signed and dated. Note any clauses related to breach or dispute resolution.
Communicate directly with the contractor
Discuss your concerns directly with the contractor. Be clear about the problems you’re having. These could include a missed deadline, incomplete work, or subpar quality. Keep records of all communication, such as emails or written notices. Also, give the contractor a reasonable chance to fix the problem. You can resolve many issues through direct communication, and things might improve if you take this approach first.
Take legal action if necessary
If the contractor doesn’t resolve the issue or refuses to perform the agreed-upon work, take legal action. In Ohio, homeowners have the right to sue for breach of contract. If successful, you could receive compensation for damages. These could include the cost of hiring another contractor to finish the job or repair poor work.
In some cases, the breach may be a violation of the Ohio Consumer Sales Practices Act. A consumer may be entitled to collect three times their actual damages and their attorney’s fees in some violations of the Ohio Consumer Sales Practices Act. Working with an attorney can help you know whether this is something you can claim. Gather all evidence of the breach, such as photos of defects, records of communication, and financial losses caused by the breach.
Dealing with a contractor’s breach of contract doesn’t have to be overwhelming. By understanding your rights and acting quickly, you can protect your property and your interests. If you’re facing this issue, our experienced attorneys can assist you.
