You hired a builder to bring your vision to life, but what happens when they cut corners, ignore approved plans, or make unauthorized changes? Whether it’s the wrong materials, structural modifications, or skipped steps, deviations from the agreed-upon plans can put your home—and your investment—at risk. Before taking action, it’s important to understand your rights and the steps you can take to get the project back on track.
Step 1: Determine Whether Your Builder Breached the Contract
First, did the general contractor simply make a mistake, or did they knowingly disregard the plans and specifications? The distinction matters.
Here are some common ways a contractor may have breached their contract:
- Ignoring specifications – Maybe they used the wrong materials, skipped crucial structural supports, or altered design elements without approval.
- Subpar workmanship – If the construction defects are visible—crooked walls, uneven flooring, or improper foundation work—you’ve got a problem.
- Failure to complete work – If your contractor walked away mid-project, you need to act fast.
- Code violations – Work that fails inspections or doesn’t meet local building codes isn’t just an inconvenience—it’s illegal.
Under Ohio law, a construction project must be completed in a “workmanlike manner.” If the contractor’s work doesn’t meet industry standards, they may be legally responsible for fixing the issue.
Step 2: Communicate with the Contractor
It’s frustrating, but before going into full battle mode, try talking to your contractor. Some builders will correct the issue once they realize you’re holding them accountable. Clearly outline your concerns, reference the contract, and demand a fix.
Pro tip: Keep everything in writing. If the contractor promises to make changes, ask for it in an email or text. If they refuse to fix the issue, having a written record will help if this turns into a legal battle.
Step 3: Document Everything
If your gut tells you the builder won’t cooperate, start gathering evidence.
- Take photos and videos of the defective work.
- Compare the current state of the project with the original plans and specifications.
- Keep copies of all communications, including emails, texts, and any change orders.
- If you’ve had an independent inspector or an architect review the work, save their report.
Step 3: Send a Formal Demand Letter
If talking didn’t work, it’s time to send a formal demand letter. This letter should clearly state:
- How the contractor breached the contract
- The steps you expect them to take to fix the issue
- A deadline for corrective action
Sending this letter puts pressure on the builder and serves as official evidence if you need to escalate things legally.
Step 4: Know Your Legal Options if the Contractor Still Won’t Fix It
Many construction contracts include mediation or arbitration clauses. If yours does, you may be required to go through these steps before filing a lawsuit.
- Mediation: A neutral third party helps both sides reach an agreement. This can be faster and cheaper than litigation.
- Arbitration: Like a mini-trial, but with a private arbitrator instead of a judge. The decision is often binding, meaning you may not have the option to sue afterward.
File a Complaint with the Licensing Board
If your contractor is licensed (which they should be), you can file a complaint with the Ohio Construction Industry Licensing Board. While this won’t always get your money back, it can put pressure on the contractor to correct the issue.
Consider a Lawsuit
If all else fails, it’s time to bring in the big guns. A construction litigation attorney can help you file a lawsuit for:
- Breach of contract – The contractor failed to deliver what was promised in the agreement.
- Breach of warranty – If there were guarantees of quality work that weren’t met, this might apply.
- Negligence – If the poor construction led to damages beyond just aesthetic issues.
- Fraud – If the contractor knowingly deceived you (like charging for premium materials but using cheap ones instead).
If you win your case, you may be able to recover:
- Repair costs – The amount needed to fix the defective work.
- Diminished property value – If the defects permanently lower your property’s worth.
- Refunds – In cases of extreme negligence or fraud, you may be entitled to a refund of payments made to the contractor.
Under Ohio Revised Code Section 2305.06, you typically have six years from the breach to file a lawsuit. But don’t wait too long—gathering evidence and pursuing legal remedies takes time.
Avoiding Contractor Nightmares in the Future
Once you’re through this ordeal, you’ll probably never want to deal with another unreliable contractor again. Here’s how to prevent construction disputes in the future:
- Vet your contractor thoroughly – Check online reviews, request references, and verify licensing before hiring.
- Get every detail in writing – The more specific the construction contract, the better.
- Monitor progress regularly – Keep an eye on construction site activity and raise concerns early.
- Document every change – Always use written change orders for any modifications to the original plan.
Fight Back Against Poor Construction—Get the Legal Support You Need
Discovering that a contractor didn’t build according to specifications is stressful. But you have options. From demand letters to lawsuits, you can take action to get the work done correctly and hold the builder accountable.
If you’re a homeowner facing a contractor dispute, don’t wait—reach out to me today. With deep experience in construction litigation, Cavell Law Firm provides the legal support you need to protect your property and investment. Your home deserves to be built right, and I’m here to make sure that happens.
