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Can I file Mechanic liens halfway through the project if I have not been paid the part payment?

Ohio

I am a material supplier and have completed my first lot of delivery worth around $20000. Per the contract, I am waiting for the customer to pay me for the same so I proceed with the next delivery. What if the customer does not pay me ?? Can I file the lien for this amount without proceeding any further? I have sent all required notices per the Ohio State law for lien filing.

1 reply

Jan 27, 2022

You absolutely can. However, I always encourage suppliers to think long and hard before jeopardizing projects (and potentially relationships). I would just make sure you communicate as much as possible leading up to the 75 day mark and make your intention clear, that you are going to file a lien if you are not paid. A good GC will make sure you get paid, so it doesn't jeopardize the project, or they will at least communicate why you aren't getting paid. 

At the minimum I would do that, rather than being radio silent and simply filing a lien. For all you know, it could be an oversight somewhere and they just missed the invoice. Putting the issue on someone's radar (before filing the lien) is never a bad move. 

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