Can I Sue My Homebuilder for Doing a Bad Job?
Homebuilder's Responsibility
When you hire a homebuilder, they must do a good job. This means they need to work like any skilled worker would. If they make mistakes and your house has problems, you can take them to court.
Ohio Laws on Building Homes
In Ohio, builders have to finish your house properly. They need to do the work with care and skill. This rule is called a "duty," and it means builders can’t be careless. Even if you sign a contract, the builder still has to follow this rule. They can’t make you sign something that says they don’t have to do a good job.
Suing Without an Expert
You don’t need an expert to tell the court what good work looks like. If your builder didn’t follow the rules and your house has issues, you can sue them for negligence. This means they didn't do their job right. You don’t need a contract with the builder to sue them.
Ohio Supreme Court Case
In 2001, a court case in Ohio showed that you could get money for emotional distress if your builder does a bad job. In this case, a roof leaked for years and caused a lot of trouble for the homeowners. They got money to fix the house and for the stress they went through.
Ohio Home Construction Service Law
Ohio has a special law to protect people building homes. It covers houses with one to three families and other small buildings. It doesn’t cover mobile homes or industrial buildings. If your home construction costs $25,000 or more, the builder must give you a written contract.
Down Payments and Contracts
Builders can only ask for a small down payment before starting work. They can ask for up to 10% of the contract price. If they need special items that can’t be returned, they can ask for up to 75% of that item’s cost. The contract should include all the details of the work. If the costs go over $5,000, the builder must tell you first.
Legal Actions
If the builder breaks the rules, you can take them to court. You can cancel the contract or get money for the problems they caused. You might also get extra money for emotional distress, but not more than $5,000. You can also ask the court to make the builder stop breaking the law.
Attorney Fees
If you win the case, the court might make the builder pay your attorney’s fees. But if you sued the builder without a good reason, you might have to pay their attorney’s fees.
If your homebuilder does a bad job, you have the right to sue them. Ohio laws protect you and ensure builders do their work correctly.