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Ohio Bans Contractor Hiring Requirements on State Projects

Ohio Bans Contractor Hiring Requirements on State Projects

In construction, hiring is everything. Owners want to hire reputable contractors known for good work. Contractors look to hire trusted subcontractors and suppliers in order to minimize defects and payment issues. For these reasons and more, hiring in the construction industry can make or break a project. When contractor hiring requirements are imposed by state or […]

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Ohio Court Revives Lien Years Later

Ohio Court Revives Lien Years Later

  Dodging procedural limitations and deadlines, filing a lien can at times feel like a game of minesweeper. One misstep, and the whole thing goes caput. Courts can be sticklers on even the most seemingly unimportant details, and lien claims fall for dumb mistakes all of the time. For these reasons it’s surprising, but not unheard […]

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Oral Contracts Can Compound Your Problems

Oral Contracts Can Compound Your Problems

Congratulations to the city of Cleveland on finally bringing home an NBA Championship! With the attention of the sports world focused on The Land, it only seems natural to highlight some construction litigation that has taken place there. This case may not include the Cavaliers, but the Cleveland Browns faced issues of nonpayment during a restoration project in […]

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The Notice of Commencement Handbook

The Notice of Commencementt

What Is A Notice of Commencement? Notice of Commencement is a legal document available to construction participants in the following states: Florida, Iowa, Michigan, Georgia, Ohio, South Carolina, South Dakota, and Texas. The rules applicable to notice of commencement vary widely among these states. Sometimes this document is required, sometimes it is optional. In some cases, […]

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What Is a Notice of Furnishing?

What Is a Notice of Furnishing?

Notice of Furnishing is the term used for preliminary notice in four states: Michigan, Ohio, South Carolina, South Dakota. In these states, most parties who furnish labor and/or materials on construction projects are required to send notice of furnishing in order to secure lien rights. Notice of furnishing should be sent proactively, long before a payment […]

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Contract Contained Irrevocable Waiver To Claims

Every state is has different laws pertaining to waiving rights, claims, and lien waivers. For example, 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. Contract law, for the most part, dictates lien waivers and other waivers. Contractors […]

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Ohio Notice of Furnishing: The Why, Who, What, When, and How

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 preliminary notice is […]

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Ohio Courts: Suppliers Must Prove Materials Used For Improvement

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 furnishing materials used for an […]

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How To Send A Notice To Owner – Certified Mail, or Certified Mail Return Receipt?

How to Actually Mail A Notice to Owner

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 certain way. If a mechanics […]

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