Columbus Mechanic’s Lien Lawyer
When a construction project is underway and any of the parties involved in the project are not paid for their work, a mechanic’s lien can secure payment for the work they have performed. A mechanic’s lien is a type of security interest, and it can attach to the building that is under construction, to the land itself, or to any improvements on the property. There are specific statutory requirements in Ohio for a mechanic’s lien, so it is important to seek advice from an Ohio real estate lawyer who represents clients in mechanic’s lien cases. Contact our Columbus mechanic’s lien lawyer to learn more about how mechanic’s liens work in Ohio and to determine your rights and responsibilities under the law.
What is a Columbus Mechanic’s Lien?
As a security interest, a mechanic’s lien in the Columbus area allows many different parties involved in construction or other real estate improvement projects to be eligible for priority payment when they have not been properly paid for the work they have completed. In order to have a security interest in the property, the party who has not been paid for their work will need to go through the process outlined by Ohio law to record a mechanic’s lien. It is important to know that a mechanic’s lien can be filed no matter how much money a person is owed—whether it is a small amount or a very large sum.
Who can secure priority payment by seeking a mechanic’s lien? Almost anyone who performs work related to construction, design, repair, or improvement can be eligible, such as:
- General contractor;
- Construction worker;
- Material suppliers; and
- Engineers or architects who perform on-site work.
Process for a Mechanic’s Lien in Columbus
What is the process for obtaining a mechanic’s lien? Our Columbus real estate attorneys can provide you with general information, but it is important to know that you may need to follow specific rules depending upon whether the project is public or private, and whether it is residential or commercial. In addition, the precise deadlines may be slightly different depending upon the party seeking the mechanic’s lien.
Generally speaking, the following is the process, along with deadlines, for a mechanic’s lien:
- Notice of Commencement should be recorded by the real property owner in the county where the construction project is taking place within 10 days from the start of the project, and this is the document that contractors and others can rely on to obtain a mechanic’s lien;
- Notice of Furnishing should be filed within 21 days from the date that labor is performed or materials are supplied for the project (this is necessary for parties to be able to file a mechanic’s lien if they are not paid);
- File an Affidavit of Mechanic’s Lien within 75 days from the date of last labor or materials supplied (this timeline may be shortened to 60 days for residential work); and
- If the owner serves a Notice to Commence Suit, then the lienholder will have 60 days to file a lawsuit to enforce the mechanic’s lien.
Contact Kohl & Cook Law Firm
If you have questions about mechanic’s liens or how they work in Ohio, our real estate lawyers can assist you. We provide clients in the Columbus area with a wide range of real estate law services. Contact our experienced Columbus mechanic’s lien lawyer today for more information.