Legal Question in Construction Law in Ohio

Builder fraud?

We're in the process of building a

new home and we're approaching the

end of the process.

The builder has not finished the job

and is no longer returning phone calls

in a timely manner.

I became nervous last week, because

when the process is finished the

builder will owe me a significant sum

of money because (during the build) I

purchased and paid for several big-

ticket items that he is supposed to

reimburse me for - using the

allowances (for instance, appliances,

countertops, kitchen cabinets etc).

He has not yet taken the final draw

and I incurred additional bank fees as

a result of the time it's taken to

complete the job.

So, I contacted the bank to

investigate what's going on and ask

why I have not been required to sign

off on all of the draws during the

process (as they advised I would be

required to do). It turns out that the

builder has been submitting

photocopies of my sign off for the

first draw, for each of the subsequent

draws (2,3, and 4). They are all

dated in October 2007.

I have several concerns now -

regarding the funds and want to

know if it's legal for him to submit

photocopied draw disbursement

document?

2 Answers from Attorneys

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