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What to do next after missing 75day timeline to file a notice of furnishing and mechanics lien timeline.

Ohio

My GC was paid for the work I completed on a project but skipped out on me I was told the whole time I waited to get paid that,the heck has not been paid out yet all the way until Nov2,2022. I finished the project on 27 of august. Waiting to be paid had exhausted my lein timeline.,not knowing he had no intentions on paying me. What do I do now to get the money that’s owed for my work

2 replies

Nov 21, 2022

First step is to check for conflicts of interest.

If you hire counsel, will it be on an hourly or contingent fee basis?

After you retain counsel, I would send a demand letter first. Try to open a dialogue. Let the GC know you have legal counsel and will pursue the claim, if necessary.

Review the contract. Do you need to arbitrate or litigate the dispute? Is mediation required? You need to determine the proper procedure to assert a legal claim.

The legal strategy will also be dependent on the amount due on the subcontract, whether a counterclaim is likely or has been threatened, and if there is a contingent payment clause (pay-when-paid or pay-if-paid).

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Nov 21, 2022

You are likely going to need to file a lawsuit against the GC.

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