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I have a question about the "Amount of Your Lien Claim" field when I request to file a lien.

OhioMechanics Lien

We will offer a contractor a quote for a project, which they'll approve and provide their purchase order number. Often times, the total amount of the invoices that have generated for purchases by the customer for that particular project will exceed the amount that was quoted/approved. On the lien request, I have been entering the amount that totals all invoices relating to a project even if it does exceed the quote/PO amount. Is this correct or should I be entering only the amount that was approved on the quote/PO?

1 reply

Jan 4, 2019

In Ohio, a lien claim is required to include "the amount due over and above all legal setoffs." This is specifically noted as the amount due - not the original contract price. And, this makes sense, as change orders or additional materials orders can be placed throughout a project.

Further, any party who "performs any labor or work or furnishes any material" to an improvement "has a lien to secure the payment therefor" where "materials" means "all products and substances . . . furnished in furtherance of an improvement."

Note, however, that the materials must be authorized, and a lien may not be claimed for excess materials not requested and not incorporated into an improvement.

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