Q: If I hired someone to remodel my kitchen through an oral agreement, can I sue them if they don’t finish the project?
The the contractor who feels they have completed the project can put a lien on your property if you haven’t paid them, but you can also bring an action against them for not fulfilling your oral agreement.
It’s much more advisable to have all of that in writing so that when you get to court, there is something that specifically lays out the terms of the agreement.
Q: If I have a written contract and the contractor leaves mid-project, what is my remedy?
That would be considered a breach of contract. It depends on what have you paid out. It depends on the specifics of the case and the terms of the contract.
Q: Do you find in construction contracts that there is a provision for paying attorney’s fees in the event of a lawsuit?
In many commercial deals, there is a provision for attorney’s fees. Often, you negotiate depending on who’s more dominant.
Q: Is it common to have arbitration provisions for real estate development disputes?
Builders have those types of provisions in a builder’s contract. As Ohio real estate lawyers, we see many builder’s contracts and it is very slanted in favor of the builder because their lawyers drafted the documents.
People really need representation before they start signing these contracts and find themselves in a situation where they don’t have rights that they could have negotiated for at the beginning of the project.
Q: If I haven’t entered the contract yet, is the contract a take it or leave it situation?
There are standard provisions to build in the contract, but it depends on the builder and the circumstances of the development project.
For example, sometimes in Columbus, developers will be a little more flexible because they want to build and sell their property and the demand may not be there. On the other hand, there may be more buyers than units being built, in which case the agreements can be more of a take it or leave it situation.
Q: Is there a specific definition for construction defects?
What the court determines as a construction defect will depend on the experts. One expert might say something falls within the standard of the industry and another expert might say it falls below the standard of the industry. If it falls below the standard, then it becomes a defect.
Learn more about real estate in Columbus, Ohio.