Legal Question in Construction Law in Ohio

This will depend on a couple of issues. First, who was the first person to make contact to have the work performed? Did you contact the contractor, or did he contact you? The answer to this question may give you some extra rights under Ohio law and may entitle you to cancel the contract and obtain a refund under the Ohio Home Solicitations Sales Act and damages under the Consumer Sales Practices Act. This is a very tricky area of law, and if you would like to know specifically what rights you might have, you should contact an attorney. I advise clients on these sorts of cases, feel free to give me a call at (216) 447-9500.

At the very least, you might be entitled to tell him to pound salt, depending on whether this law applies to you or not. Unfortunately, you can't tell if the law applies easily without speaking to a lawyer. And if he is threatening you for $10,000, it could be worth contacting a lawyer.

Dear Inquirer: It is strongly urged that you retain legal counsel to review all of the facts and advise you of the best courses of action to defend you and your rights, or even to file a claim against this contractor. And, unless you signed some document giving this contractor the right to collect any payment from your insurer, he has no right to such payment, either. Without your consent, or haviong taken out the proper building permit, he is in violation of applicable law, and is not entitled to payment. He may even be subject to criminal prosecution!

It is outrageous to receive a demand for payment without ever having entered into or consented to a contract, whether verbal or written..

Contact an experrienced Attorney to assist and advise you. Good luck. sincerely, J. Norman Stark, Cleveland, OH.