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What actions, if any, are we able to take to ensure we are protected between the time the lien window closes and the anticipated shipments actually get delivered?

We have a situation with a particular project. We have a lien that is due in two days; however, we do anticipate further shipments on this project later this year and early next year. The current window to claim our lien will obviously expire prior to us furnishing any additional material. What actions, if any, are we able to take to ensure we are protected between the time the lien window closes and the anticipated shipments actually get delivered?

1 reply

Aug 21, 2018

Deadlines can be tricky, especially with long projects or projects with significant gaps between work. This can be further complicated if labor or materials to the same project are furnished multiple times pursuant to different contracts.

Generally, there is not more than one lien deadline for an individual claimant on a single work of improvement. In Ohio, the deadline to file an enforceable mechanics lien is set forth by § 1311.06(B) as "seventy-five days from the date on which the last of the labor or work was performed or material was furnished by the person claiming the lien" for projects other than one or two-family residential projects. Additionally, the lien claim itself requires the "last date that the lien claimant performed any< labor or work or furnished any material to the improvement giving rise to his lien." [emphasis added]

In the case where a lien claimant is not yet done furnishing labor or material to a particular project, the lien deadline has generally not yet been triggered; i.e. there is not yet a deadline if work/materials remain to be furnished. The danger, though, is that if additional work or materials are not furnished, the deadline could pass.

There is not really a way contemplated by lien statutes to protect a claimant in a "limbo" period between a potential deadline and an additional furnishing other than 1) the deadline actually being later b/c there is a later furnishing to the project (so nothing is needed); or 2) treating the separate furnishings as separate projects (with separate notice and lien requirements).

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