Northeast Ohio Construction Lien Lawyer
The attorneys at Triscaro & Associates represent companies in Cleveland and throughout Northeast Ohio in matters involving Mechanic's Liens and Miller Act Claims.
Our Ohio Mechanic Lien attorneys represent the following types of parties:
- General Contractors
- Material Suppliers
- Property Owners
There are strict statutory time requirements to file mechanic's liens. Failure to comply with these time limitations will result in you losing your lien rights. It is important to have experienced and competent legal counsel when dealing with lien rights and payment disputes. Contact our experienced mechanic's lien and Miller Act lawyers for a free and confidential consultation.
Ohio Mechanic's Lien Law
Who can file a mechanic's lien?
A contractor, subcontractor or material supplier that provided labor or materials to a construction project has a right to file a lien against the property worked on based upon the value of their services or material provided. This is accomplished through the recording of an Affidavit of Mechanic's Lien with the county recorder.
What are the time limitations for filing a mechanic's lien?
- Residential Projects: 60 days from the last day of work performed
- Commercial Projects: 75 days from the last day of work performed
- Oil and Gas Leases: 120 days
What is a Notice of Commencement?
For some projects, the property owner may file a Notice of Commencement with the county recorder describing the anticipated improvements to the property.
If a subcontractor or material supplier requests a Notice of Commencement, the property owner is required to respond to them within 10 days.
What is a Notice of Furnishing?
A Notice of Furnishing is served by the subcontractor or material supplier to the property owner. It puts the owner on notice that the subcontractor or material supplier may have the right to lien the property.
If a Notice of Commencement has been filed, a Notice of Furnishing must be filed within 21 days of receipt of the Notice of Commencement. Failure to do so will result in the loss of one's lien rights.
How is a mechanic's lien released?
If a contractor has filed a lien and is subsequently paid in full, the property owner can then file an affidavit that the lien is satisfied. The lienholder then has 30 days from receipt thereof to file a release of the lien or they can be subject to damages. Alternatively, the lienholder can file a release once they are paid in full.
Can a property owner compel a lienholder to commence suit?
After receipt of an Affidavit of Mechanic's Lien, a property owner has the right to serve the lienholder with a Notice to Commence Suit. The lienholder then has 60 days after receipt of the notice to commence a lawsuit or his mechanic's lien will be rendered invalid.
The Miller Act
The Miller Act applies to federal public works projects. These projects are unique since there are no mechanics' lien remedies available. Other available remedies are also limited. Nonetheless, despite these limitations, one may proceed against the payment bond of the original contractor under the Miller Act (40 U.S.C. 3131, et seq.).
There are only certain subcontractors or suppliers that can proceed against the bond under the Miller Act, including:
- Material suppliers, subcontractors or laborers who have a direct relationship with the prime contractor
- Material suppliers, subcontractors or laborers who have a direct contract connection with a first tier subcontractor
If you have questions whether you can pursue a claim under the Miller Act or Ohio Mechanic's Lien law please feel free to contact us today.