About Michael Fortney
Mike Fortney is an experienced construction and business litigator. He is a 2021 Super Lawyers Ohio Rising Star and has earned an AV Preeminent rating from
Martindale-Hubbell since 2019 for having the highest legal ability and ethical standards. Mike has argued at the Ohio Court of Appeals and set new precedent
to protect subcontractor and supplier mechanic's lien rights.
Mike regularly assists construction clients with general business matters including employment relations and contract negotiations. He also regularly asMore...
Martindale-Hubbell since 2019 for having the highest legal ability and ethical standards. Mike has argued at the Ohio Court of Appeals and set new precedent
to protect subcontractor and supplier mechanic's lien rights.
Mike regularly assists construction clients with general business matters including employment relations and contract negotiations. He also regularly asMore...
Michael Fortney's Recent Answers
Dec 3, 2020
Dec 3, 2020
From an Anonymous Contractor
Ohio
Michael FortneyLegal Guard Lawyer
Attorney at Fortney LawLegal Guard LawyerThis is a contract specific question, and the contract must be reviewed in order to get a proper answer, but the short answer is, yes you will be bound by the
signed contract.
signed contract.
Dec 28, 2020
Dec 28, 2020
From an Anonymous Contractor
IndianaMichael FortneyLegal Guard Lawyer
Attorney at Fortney LawLegal Guard LawyerGood morning. If you have been using AIA G702 documents as your pay applications in the past, then the breakdown would be as follows. Your most recent
payment application should have listed all of your scopes of work as 100% complete (but also withheld retainage). On your most recent pay application you
would have included an amount in Line 5 of the application (for retainage withheld). On the final pay application, just skip line 5. Include the entire See More...
payment application should have listed all of your scopes of work as 100% complete (but also withheld retainage). On your most recent pay application you
would have included an amount in Line 5 of the application (for retainage withheld). On the final pay application, just skip line 5. Include the entire See More...
Jul 28, 2021
Jul 28, 2021
From an Anonymous Contractor
OhioMichael FortneyLegal Guard Lawyer
Attorney at Fortney LawLegal Guard LawyerThe Ohio Mechanic's Lien Law allows you to file a mechanic's lien against the homeowner, so long as you are still within 60 days of your last date of work on
the project. This could spur the homeowner to pay. If the homeowner continues to refuse to pay, you may have to hire an attorney in order to assist in
getting paid, either by sending a letter or pursuing a lawsuit.
the project. This could spur the homeowner to pay. If the homeowner continues to refuse to pay, you may have to hire an attorney in order to assist in
getting paid, either by sending a letter or pursuing a lawsuit.
Jan 10, 2023
From an Anonymous Contractor
OhioMichael FortneyLegal Guard Lawyer
Attorney at Fortney LawLegal Guard LawyerYou could direct them to the language of R.C. 1311.02, "Every person who performs work or labor upon or furnishes material in furtherance of any
improvement" and let them know that your furniture is not improving the property. But I would say that rather than arguing with each new GC about this
point, why not just submit a generic lien waiver with each draw request? As you said, you don't have any rights to waive, so the document is meanSee More...
improvement" and let them know that your furniture is not improving the property. But I would say that rather than arguing with each new GC about this
point, why not just submit a generic lien waiver with each draw request? As you said, you don't have any rights to waive, so the document is meanSee More...
Webinars by Michael Fortney
Featuring: Michael Fortney | Fortney Law
Details
Location
Akron, Ohio
Expertise Area
Construction Law
Licenses
Ohio