Legal Question in Business Law in Ohio

How do I respond to a Mechanic's Lein?

Recently I hired a contractor to do some work on my basement; we agreed on a $5000 fee (which I paid up front)but had no contract. The work was completed, but the contractor did a lot of damage to my home and yard (tracks & ruts in the yard, damage to the vinyl siding, destroyed trees, cracked concrete blocks on the house, etc.). When I sent a letter to the contractor inquiring about fixing the damage, he responded by placing a Mechanic's Lein on my property for $3500. Can he do this? And how do I respond? Thank you.

Asked on 6/28/03, 11:43 am

1 Answer from Attorneys

Joseph Burke Law Office of Joseph T. Burke
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Re: How do I respond to a Mechanic's Lein?

If you believe that the Mechanic's Lien is invalid you may force the issue and file a Notice to Commence Suit. After the contractor is served with it, he has 90 days to commence a lawsuit for foreclosure or the Mechanic's Lien is invalid. However, the contractor still can maintain a breach of contract case past the 90 day period.

I suggest contacting an attorney.

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6/30/03, 10:29 am

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