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Ohio Mechanics Lien Questions
All Status
Mechanics Lien
Ohio
Contractor ruined my floors, walls, flooded the house, cut holes in the wrong spots in the tub insert. He was in my home May-July (he stated this job would take 3 days) we had no contract signed and was told to complete the job or he would be let go with no pay at all. Once he left you still could not use the shower. Now I see we have a mechanical lien on my house.
What can I do?
OhioIf a contractor did not finish the work that was to be completed per the quote given can the contractor file a lien? They are demanding to be paid but refuse to come back and actually complete the job.
OhioWe were hired by a GC to do interior trim and custom cabinetry in a house. We have a mechanics lien in the works, but wondered what the process is to remove it if the builder comes through with payment. Also, does the homeowner have a leg to stand on to sue for any reason, like over-charging for work done, which is what the builder is telling them. This is not the case. There are several subs waiting for payment.
OhioWe completed a home renovation where the contractor walked off the job, filed a lien against us, and then filed a lawsuit. An attorney friend recommending settling to avoid the cost of court/arbitration.
After the settlement was signed we learned that the contractor (and his attorney) were intentionally holding back payments to the HVAC subcontractor and tile/flooring subcontractor. The HVAC contractor contacted us directly and specifically stated the contractor and attorney are not responding to him. The tile/flooring contractor actually sued the GC after we settled.
The problem is, these amounts were never disclosed to our attorney or to our bank via the Affidavits per payment. It would have changed our mind about suing since we could prove fraud.
I'm not sure if the contractor can claim this is a dispute between him and the subs and therefore isn't required to be disclosed to the bank. I believe (I'm an foresnic accountant/CPA) it's fraud since they filed a lien and lawsuit based on false/represented amounts. I'm on the fence of reporting to the police and/or suing for fraud in obtaining a settlement.
OhioI have 3 questions about Tampa, Florida.
We have contract Invoices + noncontract invoices [Signed by customer to complete additional work].
We want to file a Notice of Intent to Lien and Mechanical Lien.
What would be our “claimed amount” be on both NOI and Mechanical Lien ?
Would that be all outstanding invoices PLUS Unreleased retainage ?
All Invoices outstanding work have been completed, retainage are usually held 10% from each invoice, but if we're filling a Notice of Intent and Mechanical Lien, can we include that as part of our "Claim" ?
The project is still on going, can we still file a mechanical lien ?
Thanks.
OhioDoes a Mechanics Lien meet the 'transaction element' of a civil fraud claim?
OhioI'm a subcontractor on a commercial project. I finished my job in May 2020 and still haven't gotten paid for a part of the job completed.
I have sent a notice of intent to GC but never heard back. The amount of claim is around $3,000.00. I don't have a written contract between me and GC. The job was in IN.
OhioWhen filling Mechanical Lien, the "Claim amount", do we need to include retainage amount as well ?
Ex. We have outstanding Invoice for $9,000 and $1,000 in retainage.
If we were filling a Mechanical Lien, what would the claim amount be ? $9,000 or the full invoice with retainage of $10,000 ?
If this is State specific: please send me link to to find for each state. For this example, use Texas
OhioCan we file a 2nd Lien that includes retainage and additional work completed ?
We filed a Lien on Job# 203754 for $25,463.88 on 4/14/20, recorded with County on 4/24/20
We completed further work at this project for $22,086.46 since. We also have retainage outstanding for $11,796.04
Can we file a 2nd Lien for the remaining $22,086.46+ retainage of $11,796.04 = $33,882.50
Or should we file a lien for previous lien amount of $25,463.88+[$33,882.50] = 59,346.38 ?
Job# 203754, Document # 3360228
We're in time crush, please respond back to me asap!
Thanks
OhioIf a customer agrees to payment plan that takes it outside of the 60 days in ohio and the customer breaks that agreement can you file a Lien under a breach of contract provision?
OhioSummary of Agreement Happenings
I hired Houser Asphalt to repave a part of the parking area in front of my airplane Hangar. I met with their salesman, Geoff Sheehan, and explained what was needed. In response to that discussion Houser provided a proposal. There were requirements missing from their proposal so I added them before signing the agreement. When they claimed the work was finished, (about 29 May 20) they had not done many of the requirements stated, and, the installed surface structure does not sustain the anticipated load.
One contention point is the weight-bearing capacity. During the meeting with the Houser's salesman, we discussed aircraft traffic movements and how the present occupant weighed 2800# but the hangars were designed for aircraft up 6,000-6,600 pounds. Wheels (footprint) on airplanes are smaller, so the strength must meet those contact area weight requirements.
Design requirement points discussed with the salesman were omitted from the agreement document, which I added before signing the agreement: The asphalt must come up to the level of the concrete floor; The asphalt must slope away form the door; The work is to be sealed (Tar filling) between the old/existing asphalt and the replacement asphalt.
Houser did not propose a sufficient aggregate design (strength) to withstand the weight requirements, as is indicated by automobile tire indentations being left. The fresh pavement has remained tacky and tracks Tar into the Hangar and the carpet of the plane.
The slope of the asphalt does not slope away from the Hangar Door and hence floods the painted floor. Rain forms puddles at the door and runs toward the Hangar. The "undulations" left by the installation process retain excess water rather than drain it. It looks like Kids played in a sandbox rather than a machine (paver) installation. The surface texture is rugged and looks more like a base or middle grade asphalt than the adjacent finished roadway.
Houser was to seal the joint where new pavement abuts the preexisting pavement preventing water incursion, but that hasn't happened.
A very large interest item is tracking of Tar or oil into the hangar and into the airplane--even to home: Unacceptable.
Background: The land belongs to the City of Dayton and is zoned airport. A corporation in which I hold stock leases the building with 16 Hangar-bays and 2 half bays. My stockholdings entitle me to own/occupy one hangar bay with certain restrictions and rights. The Hangar Owners' Association is run by a board which performs executive planning; manages the finances and conducts the business of the corporation. The Airport management is not happy that the work performed by Houser does not meet acceptable standards.
During our informal communication, Mike Houser stated his next step is to file a lien. I think he is beyond the deadline to file a lien, but he could cause a nuisance. I have told him his product is inferior materials and workmanship for the job at hand and that he is to remove it
OhioWhat's the worst that can happen if I don't pay a very crooked contractor who went to court and won to put a lien on my house. The lien is for $1,500. After 6 years if I don't pay it does it just go away?
OhioWe filed a mechanics lien on property my husband did work for 2 years ago. These people are trying everything to get out of paying us and 3 other people. I have been to court and a judge has seen my lien and never said anything with the was wrong with it. 2 years later their attorney wants to say a few things are wrong with my lien and i get the feeling is in hopes we will just drop it and let it go but its over 7 grand so we will not. I can easily revise it and refile it but do I answer the complaint with the correct information or with an attached revision of the entire lien?
OhioThe owner paid the GC in full but the GC has not paid me. No NOF was filed on the project. Would Ohio's Prompt Payment Act come into play?
OhioWe are a lighting manufacturer who provided materials for a job site in Ohio. Our products were purchased from a distributor and sent directly to the job site. The distributor sells our products to the contractor or end user. We have not gotten paid yet, and want to possibly file a lien in order to do so. We learned yesterday that our Distributor is actually going out of business. I am not sure if they are filing for bankruptcy or what their status is. When I spoke with them yesterday, they said they would send me a contact of who to call to find out what and if we will get paid. I have not received anything yet. We would like to be proactive on this to see what we can get done. This material was shipped in February. Total cost was around $13,000.
Please let me know our best approach.
Thanks,
Cori
Ohio