QUESTION

Want to fire a contractor and get my money back. How much will it cost to review my contract and get a legal advice

Asked on Feb 15th, 2013 on Construction Law - Ohio
More details to this question:
The contractor took 100% money for material and 50% for work. Delivered material (6 weeks later than promised) that covers 250 sq ft less than written in the contract. Want to fire him because of multiple lies and get my money back. Just found out he is not a licensed contractor.
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1 ANSWER

Starting at the end of your issues, the fact that he is not licensed may or may not be an issue, depending on the trade, as not all trades are "licensed."  Some communities also have a "licensing-type" requirement, which is mostly a tax on the contractor, but may also have a bond that the contractor had to post with the municipality for your protection.  It is worth calling your city hall to find out. From your description, it sounds like this is a residential project.  If so, Ohio has laws to protect homeowners who live in the property.  You may be entitled to additional damages by statute, along with the recovery of your attorneys fees from the contractor. The "lies" may or may not be enough to terminate your contract, but other issues, such as some of the statutory protections, may permit you to terminate and get all of your money back. Having said all of these things, reviewing your contract and getting legal advice would, depending on the attorney cost you in the range of $100 to several hundred dollars.  More important, however, is the action that you would want that attorney to take, as the attorney is much more likely to be able to get the contract terminated and get your money back than you are, so you are actually looking for more than just a contract review and advice.  Assuming that the contractor is financially solvent, the cost of the attorney may be irrelevant as a good attorney will at least try to settle your case quickly having you spend as little as possible or try to negotiate a resolution that recovers all of your money, plus, hopefully, some or all of the attorneys fees.  Short of a trial, the best thing about the attorneys fees provision is that it makes it expensive for the contractor to fight you, knowing that they may not only have to pay their attorney, but yours, too, if you go to trial.
Answered on Feb 15th, 2013 at 3:41 PM

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