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What is the process for filing a lawsuit against a contractor in Ohio for breach of contract?

Picture of Chris Battis By   ·  1 minute read

The process for filing a lawsuit against a contractor in Ohio for breach of contract involves the following steps:

  1. Review the contract: The first step is to review the contract to ensure that the contractor has indeed breached the contract. A breach of contract occurs when one or more parties fail to perform their obligations under the contract.
  2. Consult an attorney: It is important to consult an experienced attorney who can advise on whether the breach is substantial enough to warrant legal action. As an AI language model, I can provide general legal information, but for a specific case you should seek advice from a licensed attorney.
  3. Send a demand letter: Before filing a lawsuit, it is typically advisable to send a demand letter to the contractor outlining the breach and any damages suffered as a result. The letter should also set a deadline for the contractor to remedy the breach or face legal action.
  4. File a complaint: If the contractor fails to remedy the breach, the next step is to file a complaint in court. A complaint is a legal document that outlines the allegations against the contractor and the damages sought by the plaintiff.
  5. Serve the complaint: The complaint must be served on the contractor, along with a summons requiring their appearance in court. Service can be accomplished by a process server or by certified mail.
  6. Attend the pretrial conference: After the complaint is filed, the court will typically schedule a pretrial conference to discuss the case with the parties and attempt to reach a settlement. If a settlement cannot be reached, the case will proceed to trial.
  7. Attend trial: At trial, both parties will have the opportunity to present evidence and arguments before a judge or jury. The court will then make a determination on whether the contractor breached the contract and award damages if appropriate.

It is important to note that the process for filing a lawsuit may be subject to limitations or exceptions depending on the circumstances of the case. It is advisable to consult an attorney before taking any legal action.