Legal Question in Real Estate Law in Ohio

mechanics lein

I hired someone to re-roof my house, he in turn sub-contracted it to someone else, they did a terrible job and damaged a lot of my property, over a thousand dollars in damage. I took the cost of the damages and subtracted it from the total I owed him.. He in turn did not pay the sub-contracter the full amount he owed them. There was no estimate or contract. The sub-contactor is now coming to my door, demanding money from me, and is going to put a mechanics lein on my property. Can he do this without proof, and is there anything I can do to fight this?


Asked on 3/18/04, 7:39 pm

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

Re: mechanics lein

Dear Homeowner: You are in an often repeated dilemma, and should seek an Attorney's assistance.

Yes, the tradesperson (subcontractor) may file a lien, but it may be not be valid because you had no direct contract (privity) with this subcontractor.

However, as the Owner, you were obligated to provide a Notice of Commencement to provide specific information to all trades concerned. Failure to do so may open the door for your subcontractor to file his lien. There is insufficient space here to explore all of your rights and defenses; seek competent, experienced legal assistance.

I'm suggesting you see my Construction Lawletter #2003-3 on this subject. No charge, no obligation. You may see this and other subjects online at: www.Jnormanstark.com.

Good luck. J. Norman Stark, Attorney & Architect.

J. NORMAN STARK, ATTORNEY and REGISTERED ARCHITECT

JURIS DOCTOR, B. ARCHITECTURE, B.F.A.

The Stark Building � 1310 East 49th Street � Cleveland, Ohio 44114-3803

Tel.: (216) 426-8400 � Fax: (216) 426-8411 � E-Mail: [email protected]

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Answered on 3/20/04, 9:43 am


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