Paid the Contractor, but the Work Is Unfinished: What Should You Do Next?
Brittany C. Munn, Attorney, Eques Law Group
Paying a contractor for a home improvement project requires trust. You expect the contractor to complete the promised work, follow the agreed schedule, and deliver a finished project that matches your contract.
Unfortunately, some homeowners are left with an unfinished kitchen, exposed wiring, a leaking roof, missing materials, or a contractor who has simply stopped responding and abandoned the project. If you paid for work that was never completed, you may have legal options, but the steps you take next can significantly affect your ability to recover your money and protect your home.
Start With the Contract
Before sending an angry message or immediately hiring someone else, carefully review your written agreement. Look for provisions addressing:
The contractor’s scope of work
The estimated start and completion dates
The payment schedule
Change-order requirements
Delays and extensions
Termination of the agreement
Warranties
Dispute-resolution procedures
Mediation or arbitration requirements
A missed estimated deadline does not always mean the contractor has legally abandoned the project. Weather, material shortages, permit delays, approved change orders, and other circumstances may affect the completion date. However, repeated unexplained delays, long periods without workers at the property, demands for additional money, or a complete lack of communication may indicate a more serious problem.
Avoid terminating the contract before determining whether the agreement requires notice and an opportunity to correct the default. An improper termination could give the contractor arguments against you later.
Document the Condition of the Property
Thorough documentation may become some of the most important evidence in your case.
Take dated photographs and videos of every unfinished or defective area. Preserve text messages, emails, invoices, payment confirmations, proposals, plans, permits, receipts, advertisements, and voicemails. Create a timeline showing when payments were made, when work was performed, and when communication stopped.
If the work may be unsafe or defective, consider hiring an independent contractor, licensed inspector, engineer, or other qualified professional to evaluate it. Ask for a written report describing:
The percentage of work completed
Work that does not comply with the plans or applicable standards
Immediate safety concerns
Materials that appear to be missing
The anticipated cost of completion
The cost of correcting defective work
Whenever possible, document the original contractor’s work before another contractor changes, repairs, or removes it.
Protect the Property From Further Damage
Homeowners generally should take reasonable steps to prevent additional damage. That may mean temporarily covering an exposed roof, securing an opening, shutting off an unsafe electrical circuit, addressing active water intrusion, or installing temporary weather protection.
Keep receipts for all emergency work and clearly distinguish temporary protective measures from permanent repairs. If there is an immediate safety concern, contact the appropriate building department, utility provider, or emergency professional.
You should not allow dangerous conditions to remain simply to preserve evidence. Photograph and document the condition first whenever it is safe to do so.
Send the Contractor a Written Notice
Even if you have already called or texted the contractor, send a formal written notice explaining the problem. The notice should identify:
The parties and the property
The contract and project
The amounts paid
The work that remains unfinished
Any defective or nonconforming work
Prior attempts to obtain completion
A reasonable deadline for the contractor to respond
The specific resolution you are requesting
Depending on the circumstances, you might demand a firm completion schedule, correction of defective work, delivery of purchased materials, an accounting of the money received, or a refund for work and materials that were not provided.
Send the notice through a method that creates proof of delivery. Avoid threats, insults, or exaggerated accusations. A clear and fact-based demand is more useful if the dispute later results in litigation.
Ohio law may also require a homeowner to give a residential contractor written notice of alleged construction defects at least 60 days before filing certain lawsuits or beginning arbitration. The notice must describe the defects and include available inspection documentation. Whether this procedure applies depends on the nature of the dispute, so legal advice should be obtained before filing suit.
Understand Ohio’s Home Construction Protections
Different Ohio laws may apply depending on the project’s cost, the type of property, how the agreement was formed, and the contractor’s conduct.
For qualifying residential projects costing at least $25,000, Ohio law generally requires a written home construction services contract containing specific information, including a description of the work, anticipated start and completion periods, estimated cost, additional charges, and proof of general-liability insurance.
Ohio law also prohibits certain home-construction suppliers from:
Claiming that work was performed when it was not
Failing to perform work in a workmanlike manner
Charging for unapproved excess costs
Intentionally misrepresenting the work or materials
Failing to provide a refund within a reasonable time for paid goods or services that were not delivered as required by the contract
Smaller projects may still be governed by the contract, Ohio’s Consumer Sales Practices Act, common-law protections, and other applicable laws.
If the agreement resulted from an in-home solicitation, Ohio’s Home Solicitation Sales Act may also apply. Certain qualifying transactions include a three-business-day cancellation right, and the contractor must provide specific written cancellation notices. If the required notices were never provided, the cancellation period may not have begun to run. Not every in-home contractor transaction qualifies, so the facts must be evaluated carefully.
Investigate Permits, Insurance, and Licensing
Contact the local building department to determine:
Whether permits were required
Whether the permits were obtained
Who pulled the permits
Whether inspections occurred
Whether any violations remain open
Whether the contractor is locally registered or licensed
You may also request proof of the contractor’s liability insurance and determine whether the contractor was bonded. If defective work caused separate property damage, promptly notify your homeowner’s insurer, although coverage will depend on the policy and the cause of the loss.
Watch for Mechanics’ Liens
A contractor’s failure to pay subcontractors or material suppliers can create an additional concern. Even when a homeowner paid the general contractor, another project participant may threaten or record a mechanics’ lien.
Ohio provides special protections for certain homeowners who paid the original contractor in full before receiving a copy of a lien affidavit. The statute also limits lien amounts in some circumstances based on the unpaid contract balance and the reasonable cost of completing the project.
Do not ignore a notice of furnishing, lien affidavit, collection letter, or court filing. Mechanics’ lien disputes involve strict deadlines and property rights, so they should be reviewed promptly.
Obtain Completion Estimates Before Settling
Get detailed written estimates from qualified replacement contractors. Ask each contractor to separate:
The cost to complete the original scope of work;
The cost to correct defective work; and
The cost of any upgrades or additional work that was not included in the original agreement.
This distinction matters. A homeowner’s recoverable damages may not include the cost of improvements that were never part of the original bargain.
Avoid permanently repairing or removing disputed work until it has been adequately documented and any legally required inspection or notice process has been considered.
Consider a Demand Letter or Legal Action
If informal efforts fail, an attorney can evaluate potential claims and send a formal demand letter. Depending on the facts, available claims may include:
Breach of contract
Breach of express or implied warranty
Violation of Ohio’s home-construction statutes
Violation of the Ohio Consumer Sales Practices Act
Fraud or misrepresentation
Unjust enrichment
Negligent or unworkmanlike construction
Claims involving improper liens or payments
Potential relief may include the cost of completing the project, the cost of correcting defective work, reimbursement for undelivered materials, other resulting financial losses, rescission, or injunctive relief.
In qualifying Consumer Sales Practices Act cases, Ohio law permits recovery of actual economic damages or rescission. Certain previously declared deceptive or unconscionable practices may support enhanced damages, and attorney fees may be available when a supplier knowingly violated the law. These remedies are fact-specific and are not automatic in every contractor dispute.
The contract may require mediation or arbitration instead of a traditional lawsuit. The proper strategy will depend on the amount at issue, the contractor’s ability to pay, available insurance or bonding, the condition of the property, and whether emergency completion work is necessary.
Do Not Wait Too Long
Waiting can make contractor disputes more difficult. Evidence may disappear, deadlines may expire, the property may suffer additional damage, and the contractor may dissolve the business or become difficult to locate.
Consider speaking with an attorney promptly if:
The contractor has abandoned the project
A substantial amount of money is missing
The home is unsafe or exposed to weather
The contractor demands more money without supporting documentation
The work failed an inspection
The contractor used unauthorized subcontractors or materials
A mechanics’ lien has been threatened or recorded
The contractor refuses to provide an accounting or refund
You suspect funds were obtained through deception
EQUES Law Group Can Help
An unfinished construction project is more than an inconvenience. It can leave a homeowner with financial loss, an unsafe property, additional repair expenses, and uncertainty about what to do next.
EQUES Law Group represents consumers in contractor and construction disputes. We can review the contract and payment history, evaluate potential consumer-protection claims, address mechanics’ lien concerns, prepare a demand letter, negotiate with the contractor, and pursue litigation or arbitration when necessary.
If you paid a contractor but the work remains unfinished, contact EQUES Law Group to discuss your options before making another payment or hiring someone to permanently alter the disputed work.
To schedule a consultation, call 1-844-MY-EQUES or visit www.eques.law.
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