Full question:
Residential painting contractor was paid for services up to date does not want to finished the job 5 months later he calls says if i do not pay him the balance he is going to file a lien on my home. Can he do this he never signed a contract?
- Category: Contractors
- Subcategory: Construction Liens
- Date:
- State: Ohio
Answer:
In Ohio, contractors, subcontractors, or material suppliers can file a mechanic's lien against a property for unpaid labor or materials. This is done by filing an Affidavit of Mechanic's Lien. However, a lien cannot be filed if the contractor has been paid in full before the property owner receives the lien affidavit (O.R.C. 1311.01(B)).
A mechanic's lien must be filed within sixty days after the last day of work for one or two-family residential dwellings. For other projects, the deadline is seventy-five days. Exceptions exist for oil and gas leases, which allow one hundred twenty days to file (O.R.C. 1311.06(B)). The affidavit typically requires the contractor to detail their contract with the property owner.
If the contractor does not file the lien within the specified timeframe, the lien becomes unenforceable. Property owners can also file an affidavit in land records stating that they have paid the contractor in full.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.