Legal Question in Construction Law in Ohio

My husband is a contractor and was going to do work for an elderly lady. She decided not to do the work because he couldn't start when she wanted him too. She had given him a down payment and signed the contract. He mailed her a paper to sign to release him from the contract and told her he will return her money once she returns the signed paper. This was all in the last 4 weeks. Now the sheriff showed up at our house and told him that she doesn't have to release him from the contract and if the money is not returned by tomorrow, he will be indicted for theft of the elderly, a felony 4. My question is, wouldn't this be a civil case?


Asked on 7/20/14, 3:45 pm

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

DEAR CONTRACTOR: Absolutely; this is a civil case and it is incomprehensible that the Sheriff even showed up! Simple solution: Prepare a check, with the endorsement on the face side and reverse side (at the top,) that states: " This refund costitutesa a full, final release of all claims, rights and responsibilities of ___(name of contractor)." Send it by Certified Mail, Return Receipt, etc., or by Priority Mail, which oprovides a time and date receipt, and it;s less costly..

In the future, you should have legal counsel prepare a proper contract which will provide for all of the "what ifs", especially cancellations.

Good luck!

Sincerely,

J. Norman Stark

Attorney and Architect Emeritus.

Cleveland, Ohio.

[email protected]

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Answered on 7/21/14, 5:03 am


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