Continuing with our multi-part series on how to deal with bad home contractors in Ohio, this article focuses on the claim of negligence.
What is negligence and when is it asserted? Continue reading to learn more.
What is Negligence?
With regard to a bad home contractor, negligence is asserted when a contractor fails to perform his work in a workmanlike manner pursuant to the applicable building code.
What Must Be Proven for a Claim of Negligence?
Claimants must prove the following three elements for a claim of negligence:
1) The existence of a legal duty;
2) The breach of that duty; and
3) Claimant’s damages are proximately caused by the breach. (See Schmitz v. National Collegiate Athletic Association 2016 Ohio 841, citing Wallace v. Ohio DOC, 96 Ohio St.3d 266, 2002-Ohio-4210.)
Ohio Law & Contractor Negligence
Ohio courts have recognized the necessity for contractors to ensure that all of their work conforms with all of the requirements imposed by city building codes and ordinances in addition to all of the contractual requirements.
In Davis v. Hawley-General Contracting, Inc., 2015-Ohio-3798 (6th Dist.), the Court recognized that a homeowner could recover both statutory damages from a general contractor for his misrepresentations and his failure to conform with the statutory requirements. The Court held that the contractor’s failure to conform to the statutory requirements were separate and additional damages to the breach of contract damages awarded to fix the contractor’s defective work.
Have Questions about Negligence?
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