A case decided last week in Ohio illustrates my point, Garber v. STS Concrete Co., 2013 Ohio 2700. Frank Suglio runs STS Concrete in North Olmstead. Pat Garber needed repair work on his driveway, sidewalk and steps. A neighbor recommended STS. Frank bid the job at $6,200. Pat signed the STS contract and Frank did the work. Before too long, the concrete developed cracks. Pat wanted repairs. Frank wouldn’t do it. So Pat sued STS and won – not for the cracks but for a bad contract. The trial court awarded Pat three times the cost of job, $18,600, plus attorney fees of $5,524.24. Remember, this was for a $6,200 job!
- You’re on your own. It’s your responsibility to write contracts that comply with the law in your state. No state makes that easy.
- Only a contractor gets penalized for a bad contract. Owners have no risk at all.
- This isn’t simple. States have specific requirements that vary with the type of work: residential or non-res, pools and spas, insurance work, large jobs, small jobs, what’s included in the job, where the contract was signed. The list goes on and on.
Here’s my suggestion. It’s quick, easy and free. Check you contract against contracts drafted by experts. The site is Construction-Contract.net. Click on your state. Then click on the type of job. You’ll see a contract guaranteed to comply with laws in the state and for the type of work selected. Check your contract against the free download. Fix what needs correcting. It’s the best way I know to avoid what happened to STS Concrete.