Legal Question in Construction Law in Ohio
I hired a contractor to do a repair job for me, and have paid him. He has not fulfilled the agreement. I plan on taking him to Small Claims Court. Do I file in the County where agreement was made, or in County where work was to be done?
1 Answer from Attorneys
Dear Inquirer: Your Attorney, and you should retsain one, will advise you that you are required to file in the county court (Common Pleas) where the property is located, i.e. where the work was to be done.
You may wish to file (claim) for more than your contract amount, including claims for conversion, misrepresentation, fraudulent ibnducement, etc. Ask your Attorney to also consider the added claims for punitrive damages, and loss of use and enjoyment as well, on a $/day basis since the failure to perform as agreed, etc.. It's your right!
Good luck, God Bless...
J. Norman Stark, Attorney / Architect Emeritus (A.I.A., N.C.A.R.B.)
Cleveland, Ohio
Emsail: [email protected]
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