I sold the job as a sub contractor have the contract to the general contractor and was set to receive my labor fees and my commission fee and have not received anything on the job
1 reply
Jan 18, 2019
Good question. First, I'm a little unsure about your role on the job here. For those who perform work on the project, there may be a number of tools available - such as a mechanics lien or other legal claims (like unjust enrichment or prompt payment claims, to name a few). For those who have merely sold a job or have acted as a middle man (but have not performed work themselves), payment can still be recovered, but the use of a mechanics lien claim or a prompt payment claim might be less appropriate since those laws protect those who perform construction work but go unpaid for the labor and/or materials they provide to the project. Instead, filing a lawsuit (or threatening to do so) might be a more appropriate method for recovery. Finally, regardless of whether mechanics lien rights could actually be utilized, sending the threat of lien via a Notice of Intent to Lien can often compel payment, regardless of whether the party threatening lien would ultimately be entitled to file a mechanics lien for going unpaid. Of course, feel free to post another question as well! For more on Ohio mechanics lien rights and their use, these resources should be helpful: (1) Ohio Lien & Notice FAQs; and (2) How to File an Ohio Mechanics Lien.