Legal Question in Construction Law in Ohio

Ohio Mechanic's Lien

Contractor (GC-not the owner), contracts with subcontractor to install improvements on private commercial building. Notice of Commencement is timely filed, but never served on subcontractor, so subcontractor never files notice of furnishing.

The job is done, but contractor will not pay subcontractor (contractor is now out of business--took the money and ran according to the owner). Subcontractor requests notice of commencement from owner, but it is not served (10 days have passed). There is no surety.

To claim lien rights, can subcontractor skip the notice of furnishing filing and just file a mechanic's lien affiavit? If not, and more than 75 days (which governs this project) have passed since the subcontractor provided labor and materials, what, if anything, can subcontractor do to assert lien rights?


Asked on 6/10/05, 1:52 pm

1 Answer from Attorneys
J. Norman Stark J. Norman Stark , Attorney, Architect

Re: Ohio Mechanic's Lien

Dear Subcontractor,

You may now file a declaratory action, i.e. a Complaint with the Common Pleas Court, setting forth your claims,and requesting relief on the basis that the Owner was the third-party beneficiary of your work, services and materials.

You may have difficulty proving that you never actually noted or received the Notice of Commencement. Even more importantly, your ignorance of your rights and the laws applicable to Mechanic's Liens in Ohio, in failing to timely assert and serve your Notice of Furnishing, may operate against you.

Feel free to see the Construction Lawletters dealing with liens on my website at Jnormanstark.com. Good luck.

J. Norman Stark, Attorney & Registered Architect

The Stark Building

1310 East 49th Street, 2nd flr.

Cleveland, Ohio 44114-3803

Tel.: (216) 426-8400 Fax: (216) 426-8411

Email: [email protected]

Website: www.Jnormanstark.com

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Answered on 6/11/05, 4:49 am


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