Legal Question in Business Law in Ohio

Pole Barn floor gone bad

A local construction company put a pole barn and concrete

floor; several years later the floor began cracking, upon

notifying the company they came out and repaired the concrete at no cost to us. 2 years after they fixed the

problems it occured on the opposite side (the barn had double bays), again they came out looked at it and agreed

to fix the problem. Half way into the job which we feel was

not going well; the crew had completely torn out the existing slab of concrete and reported to us that the problem was with the drainage; the company then called and

said that they would not fix the problem; We tried to

negotiate some agreement with the company so the job could

be completed, without success. Our barn was a mess. We hired other local people to finish the job. Again contacted

the company to try and settle out costs without success.

The company continues to bill us for what they feel is their

cost to come in and tear up our concrete.

We have talked with a local attorney, who has minimal experience in this kind of litigation. We are tired of this

company billing us every month with an additional finance

charge added to the bill every month.


Asked on 12/18/02, 8:08 pm

1 Answer from Attorneys

David Weilbacher, Esq. Attorney at Law

Re: Pole Barn floor gone bad

Who excavated the site in preparation for construction? Was it the same company? Was the drainage problem caused by improper excavation? If so, you may have a cause of action against the company who did the excavation. As for as the invoice you continue to receive, if the company who removed the floor was not responsible for the drainage problem in the first place, then you are probably liable on the invoice.

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Answered on 12/19/02, 7:36 pm


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