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For example, a common issue in construction law and is what to do when a project runs over budget or requires change orders. Any construction contract should explicitly lay out whether change orders need to be in writing or can be made orally. Otherwise, months later when invoices come due, people conveniently forget agreeing to changes that cost thousands of dollars more–and they blame the contractor for cost overruns. Ohio also has specific state laws, such as the Ohio Consumer Sales Protection Act and the Home Solicitation Sales Act. These laws and more require contractors to have specific language in their written contracts, or else those contractors cannot enforce the contract and may end up paying attorney fees for their customers as well as themselves. It’s up to you to decide whether you want to give a free roof to a customer because you didn’t have the right contract, or if you’re ready to hire a lawyer to make sure that does not happen.
Ignorance of contracts can be deadly in Ohio. Our state is one of the few states that allow a cognovit note provision in a contract. A cog note allows someone who offers up money in a contract to immediately file a lawsuit and collect judgment against you without going to trial, or even having a chance to respond. You may find out that a cognovit provision has been used against you when you find that your business bank account has been garnished and it is empty with no money to pay anyone in it. Any business lawyer can help you understand the risks of a cognitive at note and help you decide whether it is a good idea to sign one. However, if you sign a contract with strict terms like a cognitive note, mandatory arbitration, attorney fees, or other things that you dismiss as boilerplate language, it can have deadly results for your business.
If you’re ready to get proper contracts, or you’d like a second set of eyes on what you already have, call Linn Legal. Maybe you’ve been burned in the past by a customer. Maybe you lose sleep because you’re worried that you will get sued or never collect on a payment. We want you to be confident when you hand your contract to a customer. Let us help with the contracts so you can go back to work.Contact Us For Commercial Transaction Help