Every state is has different laws pertaining to waiving rights and lien waivers. Twelve states require that a statutory form must be followed in order for lien rights to be waived. Other states prohibit the unconditional waiving of lien rights. States where contract law dictates lien waivers and other waivers, contractors…Read More
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WHY send an Ohio Notice of Furnishing?
The short answer: It’s best practice (and sometimes you have to).
The long answer: If the owner files a Notice of Commencement, most other parties are required to submit a preliminary notice. In Ohio, this notice is called a Notice of Furnishing. Even if a…
Every state has a separate statute which dictates what qualifies as a valid mechanics lien. Some are very precise in requirements, while others can be vague and left up to the courts to fill in the blanks. Ohio’s mechanics lien statute is explicit when stating that a supplier must be…Read More
In the construction industry, it is not odd for owners of multiple parcels of land to hire one contractor to work on all parcels through separate contracts. Despite the multiple contracts, Ohio courts, if certain requirements are met, allow for a single mechanics lien to be filed and attach to…Read More
Sending a Notice to Owner is a complicated affair. The document has a lot of criteria, such that contractors and suppliers must, within a certain period of time, make certain that they are sending the correct form with the required information to the appropriate recipients. Importantly, however, a notice to owner must be mailed in a…Read More
The Ohio Supreme Court chimed in on “pay if paid” clauses last week, and it’s not good for subcontractors.
In Transtar Elec., Inc. v. A.E.M. Elec. Servs. Corp., the court decided that a pay if paid clause within a construction contract was enforceable, and thus, a subcontractor was without any claim for…Read More
We have seen in recent posts that pay if paid clauses are generally disfavored and subject to strict review by courts. While pay if paid clauses are still enforceable in many states, provided the correct specific language is used, the clear trend is toward treating these clauses with greater scrutiny,…Read More
If you need to file a mechanics lien in Ohio, zlien can help. Take a look at the “5 things” below before you get started.
Ohio Construction Managers have Mechanics Lien Rights & Liens Are Effective for a Long Time
In Ohio, general contractors, subcontractors, labors suppliers and construction managers…
As another blog has noted, “contractors, subcontractors, owners, lenders, and title companies often become intertwined when a party seeks to purchase title insurance coverage for mechanic’s liens.” While many title insurance companies are willing to insure against some mechanics liens,…Read More
Another blog recently discussed five of their top Ohio construction cases of 2012. Rather than just re-hash what’s already been written, we here at the Lien blog like to imagine how these cases would have been decided had they been about mechanics liens. Number three on the post discussed two…Read More