Legal Question in Construction Law in Ohio

mechanics lien

i am a local handyman i hire from time to time labors for varying projects paid cash under the table.recently i had 2 guys quit befor the job was completed and befor the last payment was made by the home owner.the job still is not completed and the last payment has not been made.after these 2 quit they went to the homeowner and tried to get the last payment owed to me or they would put a mechanics lien against her house.can they do this legally?or would that be an attempt at some sort of fraud or theft.thanks need an answer as soon as possible.thanks very much for any help you may be able to provide.


Asked on 11/28/05, 7:52 am

1 Answer from Attorneys
J. Norman Stark J. Norman Stark , Attorney, Architect

Re: mechanics lien

Dear Handyman, Your former casual labor employees have no lien rights inasmuch as: (1) they breached their employment by walking off the job before completion, and (2) they had no direct contract with the owner. (I trust you had a written, signed contract?)

Your remedy may be to discuss this with the owner (customer), although if the job is still not completed, you may have difficulty collecting what is properly due to paid to you.

See my website at: www.Jnormanstark.com for Mechanic's Lien Law. Good luck!

J. Norman Stark, Attorney & Registered Architect

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Answered on 11/28/05, 8:41 am


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