Can we still file a mechanics lien on this job? Are we legally able to send a notice of intent to lien at this time? This customer is non responsive and we need to take further action at this time. Please provide advice
The answer depends on a number of facts including the following. Was the project residential, or commercial? Was a notice of commencement filed? Was a notice of furnishing served? When was the last date of work?
This is a commercial property. I am unsure of the notice of commencement. The furnishing notice was not served, unfortunately. Last day of work on the job was November 4, 2020.
Unfortunately the deadline to file a mechanic's lien on a commercial project in Ohio is 75 days after the last date of work on the project. 75 days after November 4 was this this past Monday, January 18, so a lien filed today would be invalid. In fact, since January 18 was Martin Luther King, Jr. Day, and the recorder's office was closed, the lien should have been filed by Friday, January 15.
You can still file a claim for breach of contract against the person or entity you contracted with. If the amount owed is less than $6,000, you can file the claim in small claims court.
When it comes to lien rights, there are many factors to consider. However, going forward, it is still possible to maintain lien rights under certain circumstances. For instance, it may be necessary to establish clear contractual agreements between parties to protect lien rights in the event of non-payment. Additionally, keeping accurate records and documentation can help ensure that lien rights are enforceable. If you're in the hospital business and want to learn more about creating a solid business plan to protect your lien rights, check out this helpful resource from OGScapital: https://www.ogscapital.com/article/hospital-business-plan/.