About Eric Kjellander
Eric Kjellander represents various entities involved in commercial and public construction projects, including owners, contractors, developers, lenders, surety
companies, specialty trades, manufacturers, and subcontractors through all aspects of construction law including mediation, arbitration, and litigation.
Eric recognizes issues on construction projects are varied and complex, and he handles breach of contract claims; extra work claims; construction defect
claims; schedule disputes; payment/performance bond claims; mechanic’s liens; indemnity actions; payment disputes; prompt pay disputes; prevailing More...
companies, specialty trades, manufacturers, and subcontractors through all aspects of construction law including mediation, arbitration, and litigation.
Eric recognizes issues on construction projects are varied and complex, and he handles breach of contract claims; extra work claims; construction defect
claims; schedule disputes; payment/performance bond claims; mechanic’s liens; indemnity actions; payment disputes; prompt pay disputes; prevailing More...
Eric Kjellander's Recent Answers
Aug 17, 2021
From an Anonymous Contractor
OhioPartner at Benesch
There isn't a way to terminate a notice of commencement (other than it expires after six years). It isn't uncommon for title companies to ask for a release as
they see something on the title. In the past, I've explained to the title company that a notice of commencement is not a lien and does not impact title. It is a
notice to all potential contractors of how to file a lien in the event it becomes necessary but the NOC is not a lien. You should be able to show last See More...
they see something on the title. In the past, I've explained to the title company that a notice of commencement is not a lien and does not impact title. It is a
notice to all potential contractors of how to file a lien in the event it becomes necessary but the NOC is not a lien. You should be able to show last See More...
Jun 29, 2021
From an Anonymous Contractor
OhioPartner at Benesch
If the general has been paid, you could sue the general for breach of contract and prompt pay act violations. You will also need to look into whether the
owner properly escrowed funds at the time you asserted your claim on funds (if there were funds left at the time). Call me at 614-223-9329 if you would like
to discuss further.
owner properly escrowed funds at the time you asserted your claim on funds (if there were funds left at the time). Call me at 614-223-9329 if you would like
to discuss further.
May 6, 2021
May 6, 2021
From an Anonymous Contractor
OhioPartner at Benesch
Depending on how long you have been offisite, you could submit a claim on funds to the public owner. The owner's response should answer whether payment
has been made. If you are correct, and all funds have been paid to the general, then you could pursue claims under the prompt pay act, a claim for breach
of contract, and a surety bond claim.
has been made. If you are correct, and all funds have been paid to the general, then you could pursue claims under the prompt pay act, a claim for breach
of contract, and a surety bond claim.
Mar 25, 2021
Mar 25, 2021
From an Anonymous Contractor
OhioPartner at Benesch
I can imagine this is a frustrating position to be in. First thing would be to review the lien to ensure the owner's rep had lien rights and that the rights were
properly perfected. After that, one option would be to force the owner's representative to file suit to enforce the lien. Another option would be to bond off the
lien. Please call me at 614-223-9329 or email me at ekjellander@beneschlaw.com if you would like to discuss further.
properly perfected. After that, one option would be to force the owner's representative to file suit to enforce the lien. Another option would be to bond off the
lien. Please call me at 614-223-9329 or email me at ekjellander@beneschlaw.com if you would like to discuss further.
Mar 18, 2021
From Cheryl Martin
OhioPartner at Benesch
If you construct or alter a building, road, structure etc. and it is in excess of $500 then you need to be licensed in California to perform construction work. If
licensed, you can get the pocket card through the state licensing board at the below address. There are a number of different classifications for special
contractors. https://www.cslb.ca.gov/Contractors/Maintain_License/Ordering_Wall_Certificate_Pocket_Card.aspx
licensed, you can get the pocket card through the state licensing board at the below address. There are a number of different classifications for special
contractors. https://www.cslb.ca.gov/Contractors/Maintain_License/Ordering_Wall_Certificate_Pocket_Card.aspx
Details
Location
Columbus, OH
Years of Experience
15
Expertise Area
Construction Law
Licenses
Ohio