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We have already filed a lien and still not getting paid. What do we do from here?

OhioRetainage

We have yet to receive our retainer on the Miami Twp Firehouse that we filed a lien on. We have spoken and emailed everyone that we can. Including the owner of the project. The owner told us that JayCarr, the general contractor, has our money. However, when we ask anything we do not get resolution.

2 replies

Jun 29, 2021

If the general has been paid, you could sue the general for breach of contract and prompt pay act violations. You will also need to look into whether the owner properly escrowed funds at the time you asserted your claim on funds (if there were funds left at the time). 

Call me at 614-223-9329 if you would like to discuss further.

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Jun 29, 2021

If you are not getting paid at this point, your options are pretty much limited to (a) continuing to wait, or (b) filing a lawsuit to foreclose on the lien. It looks like you would have a valid claim for foreclosing the lien (in Ohio, owners can be obligated to pay twice for the same work, as it is no defense to a mechanic's lien that the owner already paid the general contractor in full), as well as claims against the GC for breach of contract as well as what appears to be a blatant violation of Ohio's Prompt Payment Act. 

The Prompt Payment Act claim carries with it penalty interest against the GC of 18% per year on unpaid amounts, as well as attorney fees expended in prosecuting the claim. For that reason alone, it probably makes sense to file a claim against all of the parties, since your previous actions have not spurred any action on the part of the GC. 

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