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GC catering to client at my companies expense and not being responsive to Our Payment... Time to Collect ?

OhioMechanics Lien
Anonymous Subcontractor

I am an Insulation SC, brought in by a GC. After doing the project and Invoicing; Was asked to do an additional coating (Both Quote and Invoice has this step as a line item). I've not Invoiced the additional coat yet. In talks of another not yet quoted application but still have not been paid for initial work. Initial work performed on Aug 16th-17th... Additional coating on Aug 20th (by Request). Not wanting to drag this out and wait to Invoice additional work in anticipation of more work (that may never end) without being paid... Should I just Invoice the Additional work and and send a "Notice of Intent" ? The "Terms and Conditions" portion of Quote and Invoice are "Payment Upon Completion". It will be 30 Days since last Service Performed in a few days (Sept. 20th)... Thanks; Jeff

3 replies

Attorney at Fortney Law
| 74 reviews
Sep 17, 2022

A notice of intent is not required on Ohio projects. Instead, you can simply file a mechanic's lien within 75 days of the last date of work. The lien should be recorded with the county recorder of the county where the project took place. 

However, if a notice of commencement was recorded, and if you did not serve a notice of furnishing, the owner will have a defense to your lien. 

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Anonymous Subcontractor
Question Author
Sep 17, 2022

Thanks Michael ! It's great to get advice like this. What I was seeing as a courtesy (warning shot) would have actually been shooting myself in the foot... I have never filed a "Notice of Intent" before the Lien. So, I just got my question answered and then some ... Thanks again !!!

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Attorney at Fortney Law
| 74 reviews
Sep 17, 2022

You're very welcome. Have a nice weekend, and I hope your dispute gets resolved quickly! 

Answers to questions are for educational and general information purposes only, and are not meant as legal advice. No attorney-client relationship is formed
through communication on a public forum such as this website.See More...
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