Legal Question in Criminal Law in Ohio

I hired a roofing contractor to re-roof my roof. He told me he had finish the roof. I paid him for the job. My property were leaking through out my building and I ask the contractor to come back out because he gave me a five year warranty. He never responded. I call in another roofer and I went onto the roof and I learned that a third of my roof was not completed. I now have extentive damage to my celings, hardwood floors and damage ceiling on the first floor.

I filed police report on theft by deception and I told that the report will not be handle as a crime.

I need to know how can I get the police to accept my criminal claim as fraud by deception.

I provided proof that I paid the contractor $ 3,500 for the job. I so had pictures to prove that he had not completed the work as he stated.

Sincerely

DP


Asked on 10/05/11, 7:54 pm

1 Answer from Attorneys
Eric Willison Eric Eastman Willison

Unfortunately, in Ohio, the police are not going to treat failure to perform on a contract between two people as a criminal matter. If this building was your home, you will have several remedies under the Consumer Sales Practices Act, which allows for attorneys fees and treble damages if you win. But if this was a building used for business rather than residence, then you are likely confined to a simple breach of contract claim, though you could include a fraud claim which would allow for attorneys fees if you prevailed.

Lastly, in my experience, contractors who act like the one you used are often are penniless and so paying an attorney to get a judgment against them just puts you further in the red. Before you sue this guy, you will want to look into his background to see if he will have any assets you can recover if you win.

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Answered on 10/06/11, 8:03 am


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