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legalgems
legalgems, Arbitrator
Category: Real Estate Law
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If I have a contract with aplumbing company to excavate and

Customer Question

If I have a contract with aplumbing company to excavate and replace my sewer pipe to the stet and he stops 4_7or8 short because of obvieous reasons is that a briech of contract????
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  legalgems replied 4 months ago.

What would be the reasons for the plumber to stop short?

Customer: replied 4 months ago.
Because has to tunnel may be 6" one edge of street to finish the job
,our initia agreement was for him to finish the pipe all the way to the sewer!!!
Customer: replied 4 months ago.
At that time antI paid him thinking andx John said they would finish the pipe to thhe sewer
Expert:  legalgems replied 4 months ago.

An agreement must contain four essential elements to be regarded as a contract. If any one of them is missing, the agreement will not be legally binding.
1. Offer
2. Acceptance
3. Intention (meeting of the minds)
4. Consideration (fair value exchanged)

For breach of a contract, there is a material breach (goes to the very heart of the matter) and an immaterial breach (money damages will help compensate the plaintiff).

In cases of material breach, the party not in breach may revoke their acceptance, so goods/payment are returned.

For immaterial breach, the plaintiff is compensated by the defendant paying for the damages (ie cost of repair).

For unfinished jobs, they are considered immaterial breaches so that the customer is not entitled to a full refund, but rather is entitled to the amount of money it would cost to hire a third party to complete the job, if the defendant refuses to finish it. The defendant is liable for the cost of completing the entire job so that the plantiff has the benefit of the bargain-ie everything in the contract is completed as promised.

Small claims is appropriate for cases under $3,000:

http://www.ohiolegalservices.org/public/legal_problem/courts-hearings/representing-yourself-in-court/small-claims/qandact_view

You can first send a demand letter, requesting the person to finish the job by X date, or to pay $X so a third party can be hired.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 4 months ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

Thank you!

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