The Ohio Court of Appeals affirmed a lower court's ruling against Weaver Construction and Roofing, LLC, and its owner Al Weaver, in a case involving a breach of contract and violations of consumer protection laws. The court's decision, released on June 18, 2026, impacts contractors operating without proper licenses and highlights the importance of adhering to local regulations.
The case, Kogan v. Weaver Construction and Roofing, LLC, No. 115695, centers around plaintiffs Tatiana Kogan and Nikolay Kutsenko, who hired Weaver Construction to replace the roof on their home in Pepper Pike, Ohio. The court's ruling emphasizes the responsibilities contractors have to comply with local licensing and permitting requirements.
Background
Tatiana Kogan and Nikolay Kutsenko entered into a contract with Weaver Construction on June 28, 2022, agreeing to pay $22,850 for a new roof. Kogan provided a $12,650 down payment before work began. However, Weaver Construction was not registered to perform work in Pepper Pike, violating local ordinances that require contractors to be licensed.
Before the project commenced, a building inspector halted work due to the lack of a permit and the contractor’s unregistered status. Despite the delivery of roofing materials, the job site was shut down, leading to significant disruption. Ultimately, a different contractor installed a permissible shingle roof, leaving Kogan and Kutsenko with unresolved issues regarding their initial payment and the incomplete work.
The plaintiffs filed a complaint on July 22, 2024, alleging breach of contract, violations of the Consumer Sales Practices Act (CSPA), negligence, and unjust enrichment. After a series of legal proceedings, including a motion for summary judgment, the case proceeded to a bench trial with an advisory jury in September 2025.
The Ruling
The Ohio Court of Appeals, led by Judge Deena R. Calabrese, upheld the trial court's findings, which concluded that Weaver Construction breached its contract by failing to verify its ability to work legally in Pepper Pike. The trial court noted, "Weaver Construction had no idea that construction which 'affects the exterior appearance' of a house could only be done upon approval by the Architectural Board of Review."
The court found that the plaintiffs suffered damages due to Weaver's actions, stating, "Ultimately, based upon all of the evidence of record, Weaver Construction had violated the contractual duty to perform in a workmanlike manner." The trial court awarded Kogan and Kutsenko $2,650 in damages for the breach of contract and an additional $2,650 for the CSPA violations, along with attorney fees.
Impact
This ruling reinforces the necessity for contractors to comply with local licensing laws and regulations. It serves as a reminder that failure to adhere to these requirements can lead to legal consequences, including financial liability for damages incurred by clients. The court's decision also highlights the importance of proper documentation and communication between contractors and clients to avoid misunderstandings and disputes.
Contractors operating in Ohio and similar jurisdictions should take note of the court's emphasis on compliance with local ordinances. The ruling may set a precedent for similar cases involving contractor licensing and consumer protection violations, potentially affecting how contractors conduct business in the future.
What's Next
The appellants have the option to appeal the ruling to a higher court, although details regarding any potential appeal were not provided in the court filing. There are currently no related cases pending that could influence this decision.