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Can I file a mechanics lien?

OhioMechanics Lien

I recently completed some remodel work for a commercial space for someone who just signed a 5 year lease. The goal was to complete the task by Dec 1 and we weren't able to get him in the new building until Dec 6. He is now refusing to pay because we missed the deadline. There were some additional tasks he wanted us to complete on Dec 18-19 which we took care of. There are still a handful of touch ups that should be completed but he doesn't want us to set foot on the property again and is now refusing to discuss a fair payment for the work completed. I have $40k out of pocket expenses and approximate $60k for the total bill. What are my options?

5 replies

Jan 2, 2022

That is an unfortunate situation. You can definitely file a mechanic's lien at a minimum against the leasehold interest of the company you contracted with. Many times this is enough pressure to get situations resolved because the owner of the building may be able to cancel the lease of the tenant in that situation, meaning the tenant is also out the money it spent on the remodeling (assuming they also spent money and not just you). 

A lien is definitely advisable. You can also sue for breach of contract against the company you contracted with if the company does not promptly pay you after the lien is filed. 

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Jan 2, 2022
Does that mean I file a lien against the company who holds the deed to the property (i.e. the landlord) or against the tenant? In this case, the tenant and landlord are separate and I was contracted by the tenant.
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Jan 2, 2022

The safest course of action is to file a mechanic's lien against the tenant company's leasehold interest in the property. Since you don't know the terms of the lease contract, you don't know if you have any right to file against the owner of the property and the property itself. 

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Jan 2, 2022
Is this something I would hire you to help with or is it a fairly straightforward procedure?
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Jan 2, 2022

It's straightforward enough where some contractors do it themselves. Others hire a professional such as myself due to the risks since liens are also . Feel free to give me a call tomorrow if you would like to discuss. 

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