In Ohio, if a person believes that a contractor has violated the agreement they had with them or failed to meet their obligations, they may file a lawsuit against the contractor. A local attorney in Ohio would be able to explain more.
A person would be entitled to different types of damages when they sue a contractor, depending on the facts of their situation. They may be entitled to actual damages, such as the cost to repair or complete the work that the contractor may have failed to complete. A person might also be entitled to punitive damages if circumstances justify them. Punitive damages might be appropriate if a contractor committed fraud or acted with malice or gross negligence.
What Are Some Legal Claims That Can Be Filed Against a Contractor?
In Ohio, building codes require that contractors operate in a workmanlike manner as stated in the codes. A contractor must comply with all building codes and ordinances that may apply to a project. If they do not, a person would consider suing the contractor for poor workmanship.
In addition, the Ohio Consumer Sales Practices Act prohibits unfair or deceptive sales practices, and it applies to contractors and builders. Deceptive sales practices include those that mislead consumers about the nature of the services that they are promised when they are sold to the consumer.
A consumer may sue a contractor under the Ohio Consumer Sales Practices Act if a contractor’s performance amounts to an “unfair, deceptive or unconscionable” act. Ohio courts have found such contractor performance as the following to be “unfair, deceptive or unconscionable:”
- The contractor failed to perform services in a competent, satisfactory, and workmanlike way;
- The contractor refused to correct a substantial defect in their work;
- The contractor failed to honor express warranties.
Another claim that is available to the customer of a contractor is a claim for a construction defect. A construction defect is any physical condition of a structure that reduces its value or creates a risk to the health or safety of its occupants or users of it. A construction defect might arise from a flaw in the design, in the materials used, or in the workmanship.
Examples of construction defects in homes are as follows:
- Leaks that allow moisture into the structure, which can lead to mold growth within walls and other areas, as well as other issues;
- Poor landscape architecture;
- Bad gutter and downspout placement;
- Non-compliance with building codes;
- Cracks in flooring and floor vent placement
- Defective plumbing.
The repair of defects can be expensive, and they can have a negative impact on a structure’s values. Sometimes, they are not discovered until a person tries to sell a property and a prospective buyer does an inspection. A person could sue for construction defects on a theory of negligence or possibly strict product liability.
Yet another claim would be a claim for breach of contract. Under any contract for a construction project, the contractor has a contractual obligation to perform their promised work in a competent, workmanlike manner. If a contractor or builder fails to perform in a workmanlike manner, they breach their contract. This entitles the owner for whom the work is performed to a judgment for the payment of money damages.
Can I Sue a Contractor Without a Contract?
If a person hires a contractor to perform work for the person, they have a contract with the contractor. The contract may not be in writing, but a contract does not have to be in writing in order to be valid. Contracts may be oral. Contracts do not have to be expressed; they may be implied by circumstances, although that is unlikely in the situation in which a person hires a contractor.
If a person does not have a written contract with their contractor, they probably have an oral contract. That is because they talked about the project that the contractor was supposed to complete and agreed on certain terms, even though they may not have put their agreement in writing.
However, when hiring a contractor, a person has the right to a written contract, and it would be best to have a written contract. A good contract would specify the scope of work the contractor is to perform. Scope of work is simply a complete description of the work that the contractor is supposed to do. It may also include exclusions, i.e., specific things the contractor is not going to do.
A written contract should also include the timeline for the project and, of course, the price that is to be paid. This contract should also include the schedule according to which payment is to be made and a list of materials to be used. It might specify that there are to be no substitutions of materials, if material quality is important to the customer.
Putting a contract into written form helps prevent misunderstandings and is also helpful if there is a dispute, especially one that ends up in a court of law.
How Do I Sue for Breach of Contract?
A person would want to try several other options before filing a lawsuit against the contractor. This is standard procedure in the case of any lawsuit. One of options is to try to negotiate a settlement. Another option would be to try an alternative dispute resolution procedure, e.g., mediation, with the contractor. Of course, if none of these options are successful, then a person would have to think about going to court.
A person’s first step is to gather all evidence they have that is related to the project the contractor did. This includes contracts, invoices, receipts or other evidence payments made, and any communication with the contractor, such as emails or text messages.
It is also important to document any damages that were caused due to the contractor’s negligence or breach of contract. This might entail having other contractors inspect the work and provide estimates of how much it would cost to fix any defect or deficiency.
To file a lawsuit against the contractor, a person would need to prepare a complaint. Filing the complaint with the clerk of the court and serving the complaint and a summons on the defendant contractor begins a lawsuit. A person would have to select the court in which to sue. A person can sue for up to $6,000 in an Ohio small claims court. People with claims above that limit should file in the Ohio Court of Common Pleas in the county in which they live.
How Much Does It Cost to Sue a Contractor?
There is no specific answer to this question. How much it may cost to sue a contractor is going to depend on a number of factors. If a person hires an attorney to represent them, the cost would depend on how much the attorney charges and how much time the attorney must devote to the case before it can be resolved. That is because an attorney is likely to charge an hourly fee for their service.
In some situations, when a person sues a contractor, they might be able to recover their attorney’s fees if they are successful. But this is not going to be the case in every lawsuit.
What Is the Statute of Limitations for Contract Disputes?
If a person sues for breach of a written contract, the statute of limitations in Ohio is 8 years. For oral contracts, the statute of limitations is 6 years. The statute of limitation for negligence that causes injury to a person is 2 years. The Ohio statute of limitations for any tort, e.g. negligence or strict product liability that causes damage to real property, is 4 years.
The statute of limitations generally begins to run when the event that causes harm happens or when a person discovers the harm.
Do I Need an Attorney for Suing a Contractor?
If you have a substantial issue with a contractor, you want to consult an Ohio contract lawyer. LegalMatch.com can connect you quickly to a lawyer near you who is ready to take on your case and make sure your rights are protected.
