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Commercial Mechanic's Liens

Ohio

I am a General contractor and have a few jobs I did for a client and they are haggeling over payment. I wanted to know if these states there would be any issues with filing liens in. All work was completed in September - December of 2022 but I do know that some states require pre lien filings and other requirements that could not allow you to place a lien. The states are: OH, RI, MA, NH, NY. Can you please let me know if I am ok to file liens at this time on these locations in the above states or if there are any states that legally I can't file the lien in? Thank you.

1 reply

Jan 21, 2023

In Ohio at least it depends on if there was a Notice of Commencement filed on the property. If a notice of commencement was filed, then subcontractors and materialmen need to present a notice of furnishing within 21 days of the first day of labor or materials furnished in order to preserve lien rights. If a notice of commencement was NOT filed, and it is a COMMERCIAL project, then the contractor just needs to submit an affidavit of mechancics' lien within 75 days of the last day of work.

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