Peter Hahn represents commercial contractors and project owners in all facets of a construction project, from procurement through dispute resolution after project completion. His experience and understanding of the construction industry allows him to advise clients--both public and private--through disputes and liability avoidance at every phase of a construction project, from the drafting and negotiation of construction contracts all the way through to post-project issues (includiMore...More...
Partner at Benesch Friedlander Coplan & Aronoff LLP
Ohio does not have any "preliminary notice" requirements for general contractors. As for the Notice of Commencement, either the owner or general contractor can prepare and record one. If you prepare one, you would need to identify the owner of the property being improved in the Notice of Commencement? If the Akron Pulic Schools owns the land, then it would be identified as the owner. If a private entity owns the land, then it would See More...See More...
Partner at Benesch Friedlander Coplan & Aronoff LLP
If you recorded the erroneous lien, you can simply record a release. If someone else recorded it, and if you can’t persuade the lienholder to release it, your best option may be to serve the lienholder with a Notice to Commence Suit. That procedure requires the lienholder to essentially “put up or shut up”: if they don’t file suit to foreclose on their lien within 60 days, the lien is extinguished. Let me know if you wish to discuss. See More...
Partner at Benesch Friedlander Coplan & Aronoff LLP
Ohio law protects homeowners from the situation you describe. First, an owner may record an affidavit stating that the owner has paid the contractor in full for the work. Unless that statement is false, any lien perfected on the property by any subcontractor will be void if it was perfected after full payment was made. Second, if the lienholder receives notice from an owner that the owner paid the general contractor in full before the owner received the mSee More...See More...
Partner at Benesch Friedlander Coplan & Aronoff LLP
Is the attorney challenging the validity of your lien? If your lien is valid, one option available to you is to foreclose on the lien. Feel free to reach out to me directly at phahn@beneschlaw.com to discuss.See More...
Partner at Benesch Friedlander Coplan & Aronoff LLP
A Notice of Furnishing is required for commercial construction projects only when a Notice of Commencement has been recorded. So if a Notice of Furnishing was not required, then the subcontractor might still have lien rights. If a Notice of Furnishing was required (and the subcontractor did not serve one), the subcontractor can still serve the Notice of Furnishing, which would give that sub lien rights for work performed in the preceding 21 days. In any evSee More...See More...