A recent ruling by an Ohio appellate court re-affirms the necessity for all general contractors to conform their work to requirements imposed by codes and ordinances, along with contractual requirements. In Davis v. Hawley General Contracting, Inc., 2015-Ohio-3798 (6th Dist.), the appellate court for the Toledo, Ohio, area ruled that a homeowner could recover statutory damages and attorney fees from the general contractor and individually from the owner of the general contractor for misrepresentations concerning work that failed to conform to statutory requirements. These damages were in addition to breach of contract damages awarded to fix the defects at issue.The case concerned work performed on a lakefront vacation home. The home was built on top of a crawl space, which was wet and in which the joints had dry rotted. The homeowners contracted with Hawley General Contracting (HGC) through HGC’s owner, Joel Hawley, to fix the problems with the crawl space and to create a walk-out basement, giving the home more space. The work required excavating the foundation, re-pouring the footing of the foundation and bracing and supporting the home on top of newly-built basement walls. The permit for the work required compliance with homeowners’ association ordinances, building codes and… Read full this story
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