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Pay If Paid Clauses: What Happens When They’re Disallowed, But Not Entirely?

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, or even disallowing them altogether. […]

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Ohio Mechanics Lien Law: 5 Things to Know

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 have mechanics lien rights. Compared […]

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Ohio Mechanics Lien Law: Ohio Adds New Charges to Remove Lien Exception from Title Insurance

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, most will insert a general exception for unfiled liens. As construction and contract negotiations continue however, […]

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Disguise A No Liens Clause?

Mechanics Liens: Can Owners Disguise No Lien Clauses?

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 cases.  Both seemed to indicate […]

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Ohio Mechanics Lien Claimant Gets Paid After 12 Years of Waiting

After 12 long years of waiting – and I mean waiting – Akron Concrete Company of Ohio appears to be getting paid on a mechanics lien claim it was forced to file on a $124,000 debt, as the Ohio Appeals Court in Akron Concrete Company v. Board of Education for Medina School District affirmed a trial […]

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Send Ohio Notice of Furnishing Fast…But Not Early

I’ll go ahead and say…the law can be quite stupid. It’s astonishing to me how so many smart people can become attorneys and allow themselves to become so consumed with inconsequential technicalities.  That’s precisely what seems to have occurred  in the state of Ohio with respect to that state’s preliminary notice requirements. Contrary to the […]

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Construction Managers Can File A Mechanics Lien in Ohio

Unlike almost every other state, construction managers are referred to by name in the Ohio mechanics lien statutes. Nestled right within § 1311.01, the Definitions statute, is the “construction manager,” which means “a person with substantial discretion and authority to manage or direct an improvement…” In previous posts about construction managers and their mechanics lien […]

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Splitting Hairs Is Common In Mechanics Lien Cases

The law is ruthless. In a dispute, it rarely matters who is actually right and who is actually wrong. Every decision comes down to procedural nuances, and seemingly inconsequential matters. When I was in law school, a professor once said that a great lawyer is a student of procedure. It couldn’t be better said. This […]

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specially-fabricated-materials

Special Mechanic Lien Rules for Specially Fabricated Materials

Time and time again on this blog, I’ve said that if there is one lien law rule consistent from state to state, it’s that in order to qualify for a mechanics lien claim, the materials or labor you furnish must actually be incorporated into the jobsite’s property (click here to see mentions of “incorporation” on […]

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County Recorder in Ohio Will Notify Property Owner of Liens By Text Message

A county in Ohio – Lorain County – is home to a recorder with a really novel ideal.  With the intent to prevent real estate fraud, Recorder Judy Nedwick has launched a notification system to alert property owners whenever a document is filed against their property. The alerts will be sent by email or text […]

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Painful Technicality Invalidates Ohio Lien in Recent Supreme Court Case

The ThompsonHine Firm published an alert on their website notifying visitors of Recent Developments in Ohio’s Mechanic’s Lien and Bond Claim Law. If you do construction work in Ohio, we highly recommend that you visit their summary of the developments in Ohio’s lien laws. While the ThompsonHine Firm addresses two recent cases, one addressing the […]

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