Legal Question in Construction Law in Ohio

Paying rest of money on job

We had a 2nd bathroom put into our house. The contractor said that it would take seven days. We are not happy with the quality of work or the supplies used. We expressed our dislike and just got blown off. He asked that we pay him 1/2 the money when the job was half done and the rest when he was finished. We paid him 1/2 through and was asked that we pay more. My husband gave him more money and the job was not done. We haven't heard from him in 10 days and finally he said that he would come and finish but my husband and I were tired of waiting and finished it ourselves after 6 weeks. He says that we owe him 800 dollars and we don't feel that we should pay him. He did not have us get a building permit because he said we didn't need it and he did not have us sign a contract. He said that he would take us to court and put a lein on our house. What are our rights? A job that was supposed to take 1 week and now we are on week 6 and had to finish it ourselves because we were tired of being told he would be here and then wouln't show up and when he did it would be for 2-3 hours 2-3 times a week. I hope that you can help. Thank you in advance.


Asked on 12/06/06, 4:19 pm

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

Re: Paying rest of money on job

Dear New Bathroom Owners:

Your inquiry sounds like you have been taken advantage of, by an unscrupulous contractor!

You do not indicate whether or not you signed a contract with this individual, since the terms of the contract would be important in enforcing your rights. Nevertheless, you still have the right to specific performance of a reasonable, workmanlike job.

Please have no fear about your contractor placing a lien against your real property - that is a bit of sabre rattling. And, don't allow yourselves to be intimidated. This kind of contractor deserves to have his license revoked, and to be drummed out of business!!! (Many years ago, they had a tar and feather solution for characters like this.)

I suggest you seek experienced counsel to assist you.

Good luck

Sincerely, J. Norman Stark, Cleveland, OH.

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Answered on 12/07/06, 8:02 am


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