Can I file a mechanics lien?
OhioI am located in Ohio project is in Ohio Montgomery County. I am a sub-contractor. I am not sure if Builder or owner has a bond on this project. We started post construction cleaning in Feb 2022. We have only been paid on a March pay app and April pay app. We sent email with notice of intent to file lien and pulled off project on 9/8/22. Stating we need all pay apps up to date. Their reply please give them a few days as they speak with owner and investor on project to get more money released, The last email I received was 9/15/22. I have not responded. I told them I need paid in full to come back to project and finish but also at this time I do not trust them to pay or if they do pay to continue paying if we come back to complete project. Need help on my companies legal rights . We are and S-corp and I am sole owner/share holder.
2 replies
I am sorry to hear about your issues with the project and payment. There are numerous issues that come into play with your situation.
In Ohio, a mechanic's lien on a public project must be filed within 75 days of the last date of work (120 days for public projects). Additionally, if a notice of commencement was recorded by the owner or GC, then anyone who is not under contract with the owner (including a sub-sub like yourself) was required to first serve a notice of furnishing before filing a mechanic's lien.
Hopefully this helps you to determine if you have lien rights. If not, please let me know.
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