I have a general contractor who signed a contract with me and breached contract on paying for materials on a job. He is 3 months passed paying out and I sent a Pre-lien notice to him and a copy to the property owner. Do I have to write the lien out with only him listed ,or the property owner? Or do I just make sure that the property owner gets a copy of the lien?
Pursuant to R.C. 1311.07, the only person who needs to be served with a copy of the lien is the owner, not the GC. The lien affects the owner's right to the property, so it makes sense that the owner would be served with a copy of the recorded lien.
I will caution you that the usual time to file a lien in Ohio is 75 days from the last date of work (or the last date of supplying materials) for commercial projects, and 60 days from the last date of work for residential projects. If it truly has been three months, then you may be outside of the time to file a mechanic's lien, and your only avenue for payment may be to file a lawsuit against the GC.