Consumer Law Attorneys
Columbus, Ohio
What can you do to protect your business or your home when a bad contractor fails to do the work or performs work that is defective?
At Somos Law Firm we provide experienced consumer
law attorney services to the Columbus, Ohio and surrounding
areas.
If you have hired a contractor to perform work and the contractor fails to do the work or performs work that is defective, you may have a cause of action for breach of the construction contract as well as a general negligence cause of action. A construction contract contains warranties to ensure that both the work that is performed and the materials that are used will be fit for the intended use of the construction. Measuring damages for breach of a construction contract is usually calculated by determining the cost that you must pay for someone else to complete the construction, less any part of the contract with the contractor which remains unpaid. Where a contractor fails to perform work in a workmanlike manner, the cost of repairing the deficient work is the appropriate measure of damages, which may include the cost of repairs and the cost for omitted items.
The measure of damages for breach of a construction contract is the reasonable cost of placing the home in the condition in which the parties contemplated when they entered into the contract.
A contractor can also be held accountable for negligence which is a failure to exercise ordinary care.
Here are some helpful tips when selecting a contractor:
1. Make sure you thoroughly investigate and check all of the contractor's referrals to determine whether the contractor is reputable and has the requisite experience for the project.
2. Ask the contractor if he guarantees all of the work performed, and is willing to provide you with a warranty.
3. Ask other consumers who have dealt with the contractor whether they have had any issues with the contractor's ability to communicate, and whether the contractor makes promises that he keeps.
4. Make sure you have the contractor specify completely in writing what work they are promising to finish, and make sure that the contractor guarantees a completion date to ensure that the project is timely completed. Make sure that your contract specifies that "time is of the essence."
5. Make sure you have the contractor agree on a guaranteed maximum price. This guaranteed maximum price states the maximum price that the contractor will charge for all of his services, labor and supplies. Make sure the contractor agrees to this maximum guaranteed maximum price in writing.
What can you do to protect your business or your home when a bad contractor fails to do the work or performs work that is defective?
If you have hired a contractor to perform work and the contractor fails to do the work or performs work that is defective, you may have a cause of action for breach of the construction contract as well as a general negligence cause of action. A construction contract contains warranties to ensure that both the work that is performed and the materials that are used will be fit for the intended use of the construction. Measuring damages for breach of a construction contract is usually calculated by determining the cost that you must pay for someone else to complete the construction, less any part of the contract with the contractor which remains unpaid. Where a contractor fails to perform work in a workmanlike manner, the cost of repairing the deficient work is the appropriate measure of damages, which may include the cost of repairs and the cost for omitted items.
The measure of damages for breach of a construction contract is the reasonable cost of placing the home in the condition in which the parties contemplated when they entered into the contract.
A contractor can also be held accountable for negligence which is a failure to exercise ordinary care.
What can you do to protect yourself and your rental property when your tenant fails to pay rent, or utilities or damaged your rental?
Under Ohio Revised Code section 5321, you can file an action in court to recover rent owed and damages when a tenant is in default due to their failure to pay rent, utilities, or has damaged your rental property.
Under Ohio Revised Code ยง 5321.16, any money held by the landlord as a security deposit may be applied to the payment of past due rent and to the payment of the amount of damages that the landlord has suffered. Under section 5321.05, a tenant who is a party to a rental agreement is under a legal obligation to do all of the following:
1. Keep that part of the premises that he occupies and uses safe and sanitary;
2. Dispose of all rubbish, garbage, and other waste in a clean, safe, and sanitary manner;
4. Use and operate all electrical and plumbing fixtures properly;
5. Comply with the requirements imposed on tenants by all applicable state and local housing, health and safety codes; and
6. Refrain, from intentionally or negligently damaging or destroying any fixture, appliance, or other part of the premises;
If the tenant violates any provision of this section, the landlord may recover any actual damages which result from the violation together with reasonable attorney fees. This remedy is in addition to any right of the landlord to terminate the rental agreement, or to maintain an action for possession of the premises.
When can a tenant lawfully withhold rent and deposit the rent with the appropriate court?
Under the following circumstances a tenant may withhold rent, and deposit said rent with the court:
1. A landlord fails to fulfill any legal obligation imposed on him;
2. If the conditions of the premises are such that the tenant reasonably believes that the landlord has failed to fulfill any such obligations; and
3. If a government agency has found that the premise is not in compliance with building, housing health, or safety codes that could materially affect the health and safety of a tenant.
The tenant must send notice in writing to the landlord specifying all of the acts, omissions or code violations. If the landlord fails to remedy the conditions within a reasonable time, a tenant may elect to deposit his rent with the appropriate clerk of court.
For more information on our consumer lawyer services in the
Columbus, Ohio area, please complete our Consultation Form or call us at 614.488.2270.
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