Home>Levelset Community>Legal Help>AS A SUBCONTRACTOR, CAN I STILL DEMAND PAYMENT ON A PRIVATE PROJECT FROM 2017 ?

AS A SUBCONTRACTOR, CAN I STILL DEMAND PAYMENT ON A PRIVATE PROJECT FROM 2017 ?

WE ARE A SPECIALTY CONTRACTOR, AND DID WORK FOR TRU SEAL ASPHALT LLC IN MAY OF 2017. THEY FOUND "FAULT" WITH OUR WORK - TOO MUCH AC IN ONE AREA OF THE PARKING LOT THAT HAD PAVEMENT OVERLAY FABRIC APPLIED, AND THE AC BLED THOUGH THE PAVEMENT. THEY SAID THEY WOULD DEDUCT FOR THE REPAIR, BUT NEVER PAID US. TO OUR KNOWLEDGE, THE REPAIR NEVER TOOK PLACE. WE DID NOT LIEN THE PROJECT, HEATH NURSING CARE CENTER. THEY CONSISTENTLY IGNORE THE MONTHLY STATEMENTS WE SEND THEM. WHAT CAN WE DO TO GET PAID?

1 reply

Aug 20, 2020

In Ohio, a mechanics lien can only be filed within 75 days of the last date the claimant furnished laborer materials to the project. So it looks like a lien isn't an option. But you still have rights under your contract. You can file a lawsuit for breach of contract or unjust enrichment against your customer. Under Ohio Rev. Code §2305.06, an action upon a specialty or an agreement, contract, or promise in writing shall be brought within eight years after the cause of action accrued. So there's still time to recover what you've earned. For more on these options, see: Can't File a Lien? Here are some other recovery options.

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