Legal Question in Construction Law in Ohio

Dear Contractor: Whether or not you can retain 15% of the contract price is controlled by the specific terms and words of your contract with the Owner. This document should have a provision for just such event. If it doesn't, you may be limited to a reasonable amount of OH&P (Overhead and Profit), based upon the degree of work or completion to date.

Consult an experienced construction Attorney to assist you in preparing proper proposal and contract documents, in order to avoid future problems and claims.

Good luck!

Sincerely, J. Norman Stark, Cleveland, Ohio

General Contractor: This depends on who you have an agreement with, and what that agreement says. If this is a commercial, private job, the answer will depend on the language of your contract (what it says about termination, cancellation, liquidated damages, etc.), the work you have performed, what you "expected" to make in profit on the project, and some other factors.

However, if this is a residential job, there are much more serious issues related to Ohio's consumer laws that could affect whether you can get 15%, or have to return all monies to the customer. In order to see what you are dealing with, you should contact an attorney who has experience in construction law and consumer law. If you would like to talk to see if this is a question that I can answer for you, feel free to call me at 216-447-9500.