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This is going to be an Accord and Satisfaction question but let me give some background. I am a small residential concrete finishing business in Ohio. The customer requested a quote to put a concrete skirting/patio around their new in-ground pool after the customer had backfilled the existing excavated trench around the pool with gravel. The quote for the patio was $5,600. The customer then verbally asked for a price for the gravel backfill which we verbally agreed to a combined price of $6,500 for the concrete work and for 20 tons of gravel backfill with additional reasonable cost if it needed more than 20 tons. It required 28 tons of gravel so the final invoice was $7,300. It does not appear that there is a big issue with the final gross amount of $7,300. The customer was very hands-on with comments and demands throughout the project work. The critical item was that he filled the pool with water before we arrived and wanted us to put plastic (i.e. visqueen) over the entire pool and down between the future concrete edge and the side of the pool in order to prevent splatter from getting in the pool water. I told him that the plastic would prevent a good concrete finished edge up against the pool side and that he would need to cut the plastic away after the concrete dried which may leave some plastic showing. He said "do the best that you can" but insisted on his process. I told him that the normal practice is to do the work without water in the pool and have a solid edge between the poolside and the concrete in order to get a good finished edge. His dispute is with the quality of the finished edge but I am not asking for advice on resolving that issue. My question is with Accord and Satisfaction. My final invoice (invoice #1722 dated 10/4/22 for work that was completed on 9/23/22) for $7,300 is itemized as $5,600 for the concrete work and $1,700 for the backfill but it is all on one invoice (i.e. not separate invoices for the backfill and concrete work). I have had several discussions with the customer regarding the quality dispute and he refuses to let me on the property to assess and remediate. There is no dispute on the quality of the gravel backfill portion of the job. I finally offered a $500 goodwill credit to resolve the issue if he pays $6,800 which is did not accept. He verbally offered $5,900 as payment in full which I declined. He then sent me a letter in the general format of an invoice and labelled it "corrected invoice #1722". His corrected invoice is organized in two parts ($2,108 for the gravel and backfill and a $5,000 gross amount for the concrete). I have no idea how he came up with $5,000 as the gross amount for the concrete work when my invoice (and initial written estimate) shows $5,600. I also do not know how he comes up with $2,108 for the backfill when my invoice shows $1,700. In short, his gross amount of $5,000 + $2,108 = $7,108 as compared to my invoice of $7,300. I would have been fine with this difference but he then deducts $839.15 from the $5,000 to arrive at an amount of $4,160.85 for the concrete work. He issued two checks (one for $2,108 for the backfill and one for $4,160.85 for the concrete). The check memos say "concrete" on the $4,160.85 check and "backfill" on the $2,108 check. The checks do not say "paid in full" but his letter/corrected invoice, as well our discussion, leads me to reasonably assume that he intends the payments to be considered "payment in full". My understanding of Ohio Revised Code 1303.40 is that if I cash the checks, it will be considered payment in full under Accord and Satisfaction doctrine. My questions are 1) I assume that I should not cash the concrete check as it will likely be interpreted as payment in full. 2) Can I cash the backfill check which exceeds the backfill portion of the invoice and preserve my rights to collect the full amount on the concrete work? 3) If so, should I refund the overpayment of $408 on the backfill or just treat it as a deposit or partial payment on his account? 4) If I treat the $408 as a deposit, should notify him and, in that notification, should I state that I reject his concrete adjustments and request that he acknowledge that I am cashing the $4,160.85 check as partial payment of the concrete portion of the invoice. 5) If I proceed as stated in #3, and the customer accepts, can I cash the $4,160.85 check. 6) Do you have any other advice. Hopefully this has been entertaining to read and potentially be an example for your future blogs or customers. Please send response to denniswiser86@yahoo.com...Read More
Anonymous Contractor
Waiting for answerAdd commentOct 13, 2022
OhioCollectionsMechanics LienPayment Disputes
My company was hired to do a job at a public university in Oxford Ohio to supply landscape materials "Turf Grass Sod" the Job started August 10th, 2022 and our last delivery was dated October 10th, 2022. Payment terms for this job were Net 30 so the billing shows them as only 23 days Past Due...Read More
Anonymous Material Supplier
1 answerAdd commentDec 2, 2022
OhioMechanics LienSlow Payment
From: Alex Kohler Sent: Thursday, May 5, 2022 3:15 PM To: Tina Rhodus Subject: Re: FW: 6732 Maverick Drive / Lot 21 West Ridge - 22-00421 Hi Tina, Thanks for reaching out and I hope all is going well! When it comes to a Notice of Commencement in Ohio, there is no specific notice or process to release the document with the county records. There is a possibility that a sworn affidavit with recording information and a statement of work completed could suffice, but it's hard to tell without proper statutory guidance. Since this is a bit of a unique situation, I would suggest posting in our Legal Expert Center, where you can post your scenario and get some feedback from our attorney network on potential next steps. Please let me know if you have any questions and I'll be happy to assist! Have a great day and stay safe! On Wed, May 4, 2022 at 11:40 AM Tina Rhodus wrote: Alex, Sorry to bug you, we have never had someone ask us to do this? Can you please let me know if this is something we do? From: Brad French Sent: Wednesday, May 4, 2022 12:30 PM To: Tina Rhodus Subject: FW: 6732 Maverick Drive / Lot 21 West Ridge - 22-00421 Can you please look into this and Levelset? Thanks Brad From: Jackie Adamson Sent: Wednesday, May 4, 2022 10:50 AM To: Brian Green ; Brad French Cc: Krista Schulz Subject: RE: 6732 Maverick Drive / Lot 21 West Ridge - 22-00421 Hello Brad – Just following up on the below email. Please advise. From: Jackie Adamson Sent: Monday, April 25, 2022 10:31 AM To: Brian Green ; Bfrench@diggit-inc.com Cc: Krista Schulz Subject: RE: 6732 Maverick Drive / Lot 21 West Ridge - 22-00421 Hello Brad~ I am working with West Ridge JV in a transaction to see off Lot 21. It appears you have a Notice of Commencement recorded for this lot. Will you please file a Termination of the NOC with the legal description for this lot so we may proceed to closing? Please let me know if you have any questions. I am happy to help. 😊 Thank you so much, Jackie Adamson Senior Closing Coordinator First Title Agency, Inc. 9100 Centre Pointe Drive, Suite 100 West Chester, OH 45069 jadamson@firsttitle.com 513.612.7160 direct line 800.334.4019 toll free 513.326.1007 efax Protect yourself - wire fraud video below. https://www.youtube.com/watch?v=ek4TwC9owwY#action=share Our Offices will be Closed on the following Business Days for 2022: Memorial Day May 30 Independence Day July 4 Labor Day September 5 Thanksgiving November 24 & 25 Christmas December 26 ...Read More
Tina Rhodus
Waiting for answerAdd commentMay 6, 2022
Ohio
I am still owed payment for a completed job but have gone beyond my 60 day period to file a lien. Do I have any other options for debt collection?...Read More
Anonymous Contractor
1 answerAdd commentNov 25, 2022
OhioLien DeadlinesRecovery Options
Can you still file a lien in VA if you don't file a Post Work Notice 43-11?...Read More
Anonymous Subcontractor
1 answerAdd commentApr 26, 2021
Ohio
I started a business with money from land i sold before marriage and my husband stole all the money from the jobs what can i do about it....Read More
Anonymous Contractor
1 answerAdd commentJun 6, 2020
Ohio
Yes I did sum drywall finishing and texture with a close friend of mine and the work was for his buddy which is going to be a rental property there is already two rentals that are occupied in this building . The owner was paying us by the hr $20 well everything was good until final payment I had 10 hrs plus half of $300 owed to me which would have made my last payment to be $350 which I never received I've tried contacting both party's to no avail , so what can I do about this situation? ...Read More
Anonymous Contractor
1 answerAdd commentAug 2, 2021
OhioMechanics Lien
What can a homeowner do when a contractor lies about being a certified installer of fiber cement board siding and did such a poor job the manufacturer states the poor installation voids the 30-year warranty? We also ask for a particular siding manufacturer, and without talking with us he decided to go with a different manufacturer, even though the manufacturer we requested was written into the contract. The same contractor hired a painting company and their work was so poor the paint manufacturer also will not grant us the warranty. In both cases, the contractor only warranties his work for a year. He also refuses to correct any problems because in his opinion he did the jobs correctly. He also tried to write a new contract and gave us only 48 hours to make our decision. Now understand this was different from the contract we signed for the bank construction loan. Please help us understand if we have any rights against the contractor. ...Read More
Anonymous Contractor
1 answerAdd commentNov 23, 2022
OhioConstruction ContractMechanics LienMaterials
My GC was paid for the work I completed on a project but skipped out on me I was told the whole time I waited to get paid that,the heck has not been paid out yet all the way until Nov2,2022. I finished the project on 27 of august. Waiting to be paid had exhausted my lein timeline.,not knowing he had no intentions on paying me. What do I do now to get the money that’s owed for my work...Read More
Anonymous Subcontractor
2 answersAdd commentNov 18, 2022
Ohio
The contractor filed n invalid mechanic's lien to my property. I had filed a complaint to the city against the contractor prior to this for substandard work and for not complying with the building code laws of having licensed contractors and permits. So I requested end of contract and would not pay any further. He did not sent the mechanic's lien notice letter addressed to me, but sent it to my spouse, whose name is not on the property. The letter was not sent by registered mail and was not sent within 30 days of filing the mechanics lien. He had lost his general contractor license at the city. Since then the contractor has deceased. ...Read More
Anonymous Contractor
1 answerAdd commentNov 14, 2022
OhioMechanics Lien
We are a subcontractor needing to discuss all legal aspects of our lien filing etc....Read More
Anonymous Subcontractor
Waiting for answerAdd commentNov 14, 2022
OhioCollections
Hello, are there any special requirements for U.S. Government (Military) projects, or does it default back to the rules of the State in which the Military Base is located? Specifically, we are an equipment vendor and installer, who was a subcontractor to a contractor working at a military base in the State of Ohio. (Military Base ==> Contractor A (holds contract with military base) ==> Our Company Contractor A is refusing to pay us the remaining balance of our Invoice. Contractor A has credit and cash flow issues, and we've found out that it is defaulting on other payments for other projects. We did not send a "Preliminary Notice" but we would like to go ahead with a Lien anyways. Thank you!! PS - We are a NC Corporation that is a Construction Materials supplier, however we can work in all 50 states (not as a licensed Contractor, but as an equipment supplier.) If you are a Construction Attorney, we'd be interested in learning more about your services so we can be better educated in Contract Law and Construction/Payment Law (and possibly having all of our Contracts reviewed prior to signing the Contracts....Read More
Anonymous Contractor
1 answerAdd commentMar 31, 2022
OhioConstruction ContractPreliminary Notice
I was hired on a public project to replace the metal roof under a contract from my company to the township of summit county ohio board members. It was a parts and service building next to a police station that we agreed on a certain amount. I also put about 2000 extra dollars into the project. Long story short they swindled me and ended up not paying anything on 7700 dollar invoice. this was completed in June of 2020 and shortly after during my attempts to get paid I came down with covid and it kind of mixed everything I had going up. Im not sure if I even have the right to still pursue and I was hoping I could get some insight on those rights ...Read More
Travis Dyer
1 answerAdd commentFeb 5, 2022
OhioBond ClaimsCollectionsConstruction ContractLawsuitMechanics Lien
filed a mechanics lien and the house has appeared to have sold . No one contacted me nor was i paid so what do i do...Read More
Eric Stiner
1 answerAdd commentNov 9, 2022
Ohio
Contractor put in their contract that they aren’t responsible for fixing lines if they break water and or sewer lines because they don’t know where they are. If they do end up breaking them, does their insurance still pay for repairs? ...Read More
Anonymous Contractor
1 answerAdd commentNov 2, 2022
Ohio