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what is deadline for filing a lien in ohio as the work was ongoing from 2010 to about 2019.

OhioLien DeadlinesMechanics LienRight to Lien

I did a construction job for my aunt under the Chips program that gave her $37,000 in money to rehabilitate her house. The initial application was denied as they felt it would be too much to do the job with just the maximum amount they would furnish. i offered to pay the rest, and did the work finishing partly in 2012 or so, and have been doing work on her house up to Nov. 2019. She did offer to pay the difference to me, but never has, and to be truthful, i am only filing a mechanic's lien to protect my work and money for this house when medicaid steps in, as i did truthfully do over $35000 worth of labor and material over the last 10 years. This was the purpose of this lien, and the attorney who did this clearly knew nothing of filing a lien when using your service. i need to make the dates viable under Ohio law as I still was performing work on her house up until lately, and any date that makes this work is fine, as i have records to produce to prove it, as well as the work done. If this is not clear, please contact me, as I have to get a lien on this house and because I have never stopped the work, it is still ongoing, and still not finished due to my reluctance to do anymore work on this house due to medicaid issue. Thank you Greg Brophey

1 reply

Feb 27, 2020
In Ohio, a mechanics lien claimant on a residential project must file a lien within 60 days of last furnishing labor or materials to the project. There is some potential issue with respect to a project going on since 2010, and which was finished "partly in 2012 or so." While county recorders generally do not act as gatekeepers for the filing of liens, especially if the face of the lien affidavit does not state that the last date of furnishing was outside the statutory period for perfecting a lien claim, Ohio courts are aware of tactics to extend the lien period. In Swim Rite Pool Company v. Strausbaugh, a contractor installed a pool in October 2002 and then returned to the property in May of 2003 to install additional aspects of the pool, a solar cover and solar reel. However, the court later determined that the claimant's lien was not filed timely, because it found that the solar cover and solar reel were not part of the pool installation contract but were part of a different project. Since the lien was not filed within 60 days of the original pool install, it was not timely and therefore, invalid.
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