Legal Question in Construction Law in Ohio

Re: Mechnaic leins Ohio

Dear Subcontractor: The period for filing your Mechanic's Lien expired 75 days after the last day of work on the project. You may, however, still file suit against the contractor for various causes of action, which may include, fraud, conversion, unjust enrichment, etc. depending upon the factual basis for each.

Quantum meruit and unjust enrichment are distinct causes of action: "Quantum meruit, also sometimes labelled `contract implied in fact,' involves recovery for services or materials provided under an implied contract. Unjust enrichment describes recovery for the value of the benefit retained when there is no contractual relationship, but when, on the grounds of fairness and justice, the law compels performance of a legal and moral [105 ] duty to pay, and the damages analysis is based on principles of equity, not contract." Paffhausen v. Balano, 1998 ME 47, � 6, 708 A.2d 269, 271 (citations and internal quotation marks omitted). "Damages in unjust enrichment are measured by the value of what was inequitably retained. In quantum meruit, by contrast, the damages are not measured by the benefit realized and retained by the defendant, but rather are based on the value of the services provided by the plaintiff." Id. � 7, 708 A.2d at 271 (citations omitted).

Consult an experienced Attorney to guide and advise you. Good luck!

Sincerely, J. Norman Stark