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Contractor did not finish rehab job. he's been paid in full but the job is not complete. what recourse do i have? ed in Ohio

I hafve a contract with a contractor to rehab a property. There are 4 separate scheduled payments, with the last payable upon completion of job.

Contractor wanted to get the last and final payment to move forward with the job. He said he is out of money and he cannot move forward without the last payment.

We both agreed that i will buy all the materials to manage the money, and he will do the job free of labor (since i've fullfield my payment obligations). He said that he should be done within 2 weeks.

I has been four weeks now and he has not been at the jop site on a regular basis. He still has some tools at the job site.

I'd like to hire someone else to finish the job. What recourse do i have? Can i take him to court for the extra $$$ i spent to finish the job?

Additional information
His business address has a PO Box address. Can i sue his business and him personally? How about Certified mails, is it true that if he refuses to sign for the certified mail that i have nothing i can do?

Since he still has some tools at the job site, can i just change the door locks for him not to have access to his tools for him not to disappear completely? I think he has other jobs he's doing, and that's the reason why he stopped working on my property because there is no incentive for him $$$$ wise.
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Attorney answers (1)

Reputation Level 10
Yes, you can take him to court for the excess money. You could also try to get any other expenses you incurred because of his failure to finish the job, such as expenses you incurred because of the delay. If you have a written contract for the work, that will make your case a lot stronger. The place where you might run into trouble is your agreement for you to buy the materials and him to do the labor at no extra charge. If that is not written down, he could argue exactly what your agreement was and you will have to prove it.

If he refuses to sign certified mail, that does not mean he is off the hook. If the complaint is returned to the court marked "refused," then you have the court send a copy via regular mail and it will be deemed served once you mail it (unless it is returned for something other than "refused"). If he would then fail to respond to the complaint, you can get a default judgment against him. Of course the difficulty then is in collecting.

I hope that helps. If you have further questions feel free to contact me.
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