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When does the timeline for a mechanics lien start for a dumpster? Delivery, Asked to pick it up by owner, Or pick up?

OhioLien Deadlines

A guy was hired to remove debris. He did not pay the dumpster people (be he himself was paid). The dumpster people let it sit on the property for months without contacting owner. Owner finally contacted them and told them they could pick it up whenever. They did not pick it up for another month. 3 months have passed since the owner originally contact them. Less time since they picked it up

1 reply

Jun 16, 2022

I would argue that the lien timeline begins to run upon pickup. The purpose of a lien is to protect subcontractors and suppliers who assist in a construction project. The dumpster was on the project providing a service and assisting the project. I think you would be hard-pressed to find a court that disagreed. Under your facts, the dumpster company fairly promptly removed the dumpster after notification. If the facts were different and they let it sit there for months, maybe the outcome would be different, but in your scenario I would think most courts would side with the supplier. 

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