Legal Question in Construction Law in Ohio

Contractor agreed to complete a job and left it unfinished after receiving pay

We have a contract with a local builder to frame/build a 14 unit condominium complex. Six weeks into the project we lost our lead framer and three other employees, due to our lead man having a family member needing help and took 3 guys with him. We met another person with a crew that needed to work. We agreed with the other contractor to finish our project for 18,0000.00 including all labor and materials. It was suppose to take approx. two weeks to complete. We did not have a written contract, but do have it recorded on a voice mail he left. The contractor was paid the entire 18,000.00 over a two week period and left the job not finished. We are now trying to complete this building and incurring charges that we were not expecting to have and are redoing mistakes that the other contractor did wrong. The contractor also left the job owing workers their pay. We have attempted to contact him and he refuses to do anything regarding this matter. What recourse do we have at this point in time. The money that will accrue when this building is complete will be approx 10,000.00. Should we send him a letter of intent to sue? Can we put a lein on his truck/property? How can we get this money back? Help!!All advice is appreciated.


Asked on 9/08/06, 1:57 pm

1 Answer from Attorneys
J. Norman Stark J. Norman Stark , Attorney, Architect

Re: Contractor agreed to complete a job and left it unfinished after receiving pay

Dear Psst Builder:

Wow, you certainly do have a basis for lawsuit against the defaulting contractor! In fact, several claims and theories of liability, which should include breach, unjust enrichment, conversion ( both civil and criminal),fraudulent inducement, business duress, etc., etc. It wil all depend upon how collectible this rascal is.

Please consult experienced legal counsel without delay; don;t telegraph your intentions by a letter threatening to sue, since that will wind up in the waste basket.

Collect your facts and documents and consult legal counsel. Good luck!

Sincerely, J. Norman Stark

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Answered on 9/08/06, 3:01 pm


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