Bruce Martin Broyles

Admitted to practice in 1989; Staff attorney for 11th District Court of Appeals, Associate Attorney for three litigation firms from 1992 - 2004, opened my own practice in 2004. Handle a variety of issues in Appellate practice, civil litigation, business disputes, real estate, and actively involved in foreclosure defenses.

• Free Consultation

Ohio

Since 1989

6th Circuit

Since 1996

Ohio State University - Columbus

J.D.

1986 - 1989

Ohio State Bar  # 0042562

Member

Current

Q. What do I do if I paid half deposit to contractor not doing his contracted duties and I have proof of bad workmanship?

November 29, 2024

A: You have a written contract, and an attorney should review the contract to make certain you are complying with all your obligations. You should have a zoning inspector come to the property and verify set back requirements are being complied with by the contractor. If there is an issue you should put the contractor on notice by a written document sent according to the contract's notice provisions. If there is defective work, you should put the contractor on notice pursuant to R.C. 1312.04 giving the contractor 60 days to correct the defective work.

While 2 months have passed, this may not be a violation of the contract. Does the contract provide a completion date, or a schedule or critical path of completion calendar. If not, then you cannot simply terminate the contract based upon the contractor not showing up. Your contract should state that "Time is of the essence", if it does not say that then the Court may determine that you breached the contract if you attempt to terminate the contract based upon the contractor's failure to be onsite.

You should request a meeting and ask the contractor to provide a timeline for when the work will be completed. ... Read More

Q. Contract dispute over house square footage that was misrepresented.

November 6, 2024

A: For a more thorough answer an attorney would need to review your purchase agreement. A standard purchase agreement would have an appraisal contingency. However, the contingency is usually fulfilled if the property appraises for the amount of the purchase price. With the square footage being off, the price per square foot may be very different, but may not give you a way out of the contract based upon the appraisal contingency.

If you cancel the contract, then it may be considered a breach, and you may be liable for damages. You should consider whether breaching the contract is in your best interest. It may be that you will never be satisfied if you go through with the contract. This emotional damage will never be recovered. In the alternative, considering the uncertainty and your aversion to risk it may not be a big deal.

You should approach the Seller and state that you are not willing to close based upon the current circumstances. You will renegotiate the sales price. Otherwise, you believe that they breached the contract, and you will require the real estate agent to keep the funds in escrow.

If the Seller refuses to negotiate, you walk away and face litigation. Litigating the damages can be difficult for the seller. It is not simply a matter of putting the house back on the market and suing for the difference in price received. ... Read More

Q. In Ohio, Can I file a mechanics lien on a company that purchased materials from us for their own use

October 18, 2024

A: Yes, within 75 days from the date materials were furnished. If owner did not record notice of commencement, then no need to provide notice of furnishing.