Legal Question in Construction Law in Ohio

Served a machanics lien

I had a sunroom addition added to my home from a friend/contractor over the summer. We had no contract or Notice of Commencement or Notice of Furnishing. We agreed on a price of $15,000 that shows on our building permit. I paid for all the materials and paid the workers on a weekly basis to the completion of teh project wish cost $21,000. I received a Mechanical Lien from the Contractor saying the project was $32,000 and he wants another $12,000. I call this extortion. What coarse of action should I take?


Asked on 12/17/05, 1:08 pm

1 Answer from Attorneys

J. Norman Stark J. Norman Stark , Attorney, Architect

Re: Served a machanics lien

Dear Homeowner, Your first error was in not confirming your entire agreement IN WRITING. However, you should now, immediately contact an attorney to represent you against this apparently fraudulent claim. You've already paid more than the price you were initially quoted, and should not have to pay more.

Your defense against a fraudulent mechanic's lien is to demand commencement of suit, to force the contractor to commence an action, in which you can counterclaim for fraud, etc. But, you'll need experienced counsel to represent you, since this is a complex area of the law. You may wish to see more about liens on my website at: jnormanstark.com. No obligation, no charge.

Good luck.

J. Norman Stark

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Answered on 12/18/05, 11:18 am


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