Legal Question in Construction Law in Ohio

Customer Falied to Pay for Roof Job

Our construction company tore off and replaced a roof for a customer. During that project, a garage door was damaged. We have filed a claim with our insurance company and the process is underway to rectify the issue.

The customer is refusing to pay until the garage door is fixed and also wants to ensure the roof doesn't leak. We require 50% down to start and our contract specifically states the balance is due upon completion. The customer gave the 50% down at the start of the job.


Asked on 10/08/07, 4:39 pm

1 Answer from Attorneys
Michael Brandabur Brandabur Law, LLC

Re: Customer Falied to Pay for Roof Job

You may want to look at filing a Mechanic's Lien. These must be filed within 60 days of the date of last work, if it is in Ohio and a residential project. (Other factors may affect the time period within which to file). Generally, we recommend sending the customer a letter indicating your intent to file the lien, and that the issue of the garage is a separate matter. I would further confirm with them that a claim was submitted to your insurance carrier and have the company contact the customer. This will give them the confidence that their garage will be taken care of. They are less likely to withhold payment. Even if they would like to, they will realize the futility of such an argument and may settle the matter to avoid the lien. Please contact me should you need any assistance.

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Answered on 10/08/07, 9:01 pm


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