Home>Levelset Community>Legal Help>New construction project builder won’t pay

New construction project builder won’t pay

A residential home builder hired my company to do Audio, networking, burg alarm, cameras. We started work in oct 2018. The ongoing project just finished up. Our last day onsite was 3-16-2020. After the builder made a bunch of changes over the course of the project the homeowner (son of the builder) does not want to pay. I have had no direct dealing with the son. Everything has gone through the builder. He said changes made by the builder to the audio are not what he wanted and refuses to pay for anything. Can I file a lien on the property?

1 reply

Apr 6, 2020

Yes - Ohio subcontractors will generally be entitled to mechanics lien rights when they perform work but don't get paid for that work. For the work to be lienable, though, the work must provide a permanent improvement to the property. So, permanent installations (like mounting equipment, running wiring through the walls, etc.) would give rise to lien rights, but less-invasive work might not. You can learn more about filing an Ohio mechanics lien at these pages: (1) Ohio Mechanics Lien Guide and FAQs; and (2) How to File an Ohio Mechanics Lien – A Step by Step Guide to Get You Paid. And, as mentioned in those resources, there are requirements that must be followed to make sure the lien is valid and enforceable. Before proceeding directly to a lien claim, keep in mind that the threat of a lien can be powerful, too. Sending a Notice of Intent to Lien to the GC and property owner is a great way to get everyone's attention and force them to take the issue seriously. Plus, if a Notice of Intent isn't effective, a mechanics lien filing is always an option.

0 people found this helpful

Helpful