Mechanics Lien

OhioConstruction Contract

My contractor was paid entirely under his contract for work performed. His contract did not include gas line work for my construction project and we needed to hire a subcontractor for that, the original contractor said he had someone that he uses and verbally quoted us for that job. The work was preformed and completed and then he invoiced us $600 more than the quote, when questioned he stated the amounts were justified and valid. They actually were uncharged on his end for the service of contacting the sun-contractor. As it also happened he, (original contractor) had two issues that had not been resolved from the end of his completion of work. We refused to pay anything else until all was resolved, he finally the original contractor came back almost 3 months later to try to fix/correct issues. He then filed a mechanics lien against us, as he had not been paid for the gas line work. He also used the last day of labor as the day he came to correct the original issues in which had nothing to do with the gas work performed. My question is: would this put him outside of the 60 days to file as the job was invoiced and completed (gas line) and a separate issue from the original work that needed corrective issues completed, in which he still had not completed?

1 reply

Dec 5, 2022

Yes it would. You cannot manufacture a last date of work by showing up months later.

As a practical matter, however, these kinds of nuisance liens are best handled not by filing a lawsuit to remove the fraudulent lien, but by filing a notice to commence suit (in Ohio that's what this is cause, YMMV in other states). If done correctly, the lien will be removed sixty days from service.

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