What Should You Do If A Contractor Breaches A Contract?
Both individuals and businesses have to deal with contractors on a regular basis. As their name suggests, you sign a contract with them to perform certain services. When the contractor breaches the contract and fails to fulfill their end of the bargain, it can be helpful to know how to respond. In this article, the Dayton, OH, breach of contract attorneys at Kohl & Cook Law Firm, LLC, will discuss how to respond to a contractor who breaches a contract.
Step 1: Review the contract carefully
The first step in responding to a breach of contract claim is to review the contract you signed with the contractor. A well-written contract will outline the scope of the work, the timeline for completion, payment schedules, and the penalties for non-performance. If a contractor fails to fulfill any of these terms, you should refer to the contract to get a clear understanding of what was agreed to. Ensure that the contract is signed and dated. Pay careful attention to any clauses related to breaches or dispute resolution.
Step 2: Communicate directly with the contractor
Your next step will be to discuss your concerns directly with the contractor. You’ll want to be clear about what problems the contractor is causing. For example, a missed deadline, incomplete work, or shoddy workmanship are all valid reasons for a contract breach. You’ll want to ensure that you’re keeping records of your communication with the contractor. Give the contractor a reasonable opportunity to fix the problem. In many cases, you’ll be able to stop here, but if communicating with the contractor doesn’t work, you’ll need to plow forward.
Step 3: Pursue legal remedies (if necessary)
If the contractor fails to resolve the problem or refuses to perform the agreed-upon work, it’s time to consider suing. In Ohio, a homeowner has the right to sue for breach of contract. For example, a company that installs pools may not fulfill their end of the bargain, start the work and not finish it, or never start it in the first place. (This actually happened in Ohio.) If you are successful, you could receive compensation for damages related to the breach. This could include the cost of hiring another contractor to complete the work or perform repairs on shoddy work.
Chances are good that the breach is in violation of the Ohio Consumer Sales Practices Act. If that’s the case, a consumer could be entitled to collect three times their actual damages plus attorney fees for some violations of the Ohio Consumer Sales Practices Act.
Working with an attorney is an important part of recovering your damages for breach of contract. You should gather evidence of the breach, including records of communications, photos of defects, and anything pertaining to your financial losses that were caused by the breach.
Talk to a Dayton, OH, Breach of Contract Attorney Today
Kohl & Cook Law Firm, LLC, represents the interests of homeowners and businesses who have suffered damages due to a breach of contract. Call our Dayton breach of contract lawyers today to schedule an appointment, and we can begin reviewing your case right away.
