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Can a contractor put that we cannot file a mechanic's lien in their contract?

OhioConstruction ContractMechanics Lien
Nikki Hale
Office Manager at Titan Mechanical Solutions

We just got a subcontract from a general contractor for plumbing work. In the contract it states that we waive the rights to file any type of lien against them. Is this illegal?

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Attorney at Fortney Law
| 72 reviews
May 23, 2023

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Nikki Hale
Office Manager at Titan Mechanical Solutions
May 23, 2023

?

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Attorney at Fortney Law
| 72 reviews
May 23, 2023

Sorry. The formatting got messed up on that one somehow. 

Provisions in construction contracts that waive lien rights are unlawful. This is spelled out in R.C. 4113.62(E). The good news for you is that (a) now you know the type of GC you are dealing with, and (b) you don't even need to negotiate this provision in the contract, because it is so explicitly unlawful. 

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Nikki Hale
Office Manager at Titan Mechanical Solutions
May 23, 2023

Thank you!

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