Home Construction Contractors: No Contract? Big Problem!

You’ve heard the phrase “time is money.” 

Residential builders and remodelers, take note: You can’t be a “contractor” without a “contract.” 

That’s not just a pun. That is the law in the State of Ohio. 

Home construction in Ohio is governed by two statutes: 

(1) The Consumer Sales Practices Act (or “CSPA”, O.R.C. 1345.01), which mostly applies to renovations up to $25,000, or…

(2) The Home Construction Service Suppliers Act (or “HCSSA,” O.R.C. 4722.01), which covers more expensive renovations, and also new home construction. 

*Both* Acts require contractors to use a written contract. 

So while you might prefer to work with just a proposal, an estimate of the scope of work with a price, or maybe even a good ole’ handshake, these approaches are risky. 

Because if one thing goes awry – there’s a disagreement with the homeowner, they didn’t understand your scope, or they thought you said “this” when you really said “that” – without a contract, the law may not be on your side. 

(And the State of Ohio is -very- protective of homeowners within its legislation.) 

Look, nobody wants to do extra paperwork. But to stay on solid ground in any residential project, you need a contract that details the parties, the price, the scope of work to be performed, and the time period when the work will be performed. 

For home construction work valued at more than $25,000, your contract must document these 10 things: 

  1. The builder’s name, contact information, and Employer Identification Number (EIN)
  2. The homeowner’s name and contact information
  3. The address of the project
  4. A description of the project work
  5. The planned start and finish dates, or the anticipated duration of the work
  6. The price of the work, or estimated cost
  7. Any costs that are not included in the contract
  8. An “excess cost” provision per the HCSSA for extra costs that go beyond the original scope of work
  9. The builder’s certificate of insurance, showing coverage of at least $250,000
  10. Signatures of both parties, with dates

Things could still go sideways during the project, of course. But if they do, at least you’ll stand a greater chance in court. 

If you’re a home construction contractor and would like help with your residential construction contract, fill out our contact us form. Reference this article and you’ll get a complimentary consultation with one of our legal team members. 

You can also find more related information in our Guide to Avoiding Residential Construction Contract Nightmares.