Legal Question in Real Estate Law in Ohio

Mechanics Lein

My husband and another contractor framed a house and agreed that they would split the sum of money charged for the job.Extra work was involved so the charges increased from $12,000 to $15,000.My husband was willing to work out the discrepancies with the general contractor and agree on a final cost but the other contractor that the Money was being divided with was not willing.$9000 of the $15,000 was paid to them leaving a $6000 balance.THe other guy went and put a lein on the property for the $6000. He is not owed the entire $6000 only 1/2.Was it legal for him to claim the entire amount?


Asked on 12/13/02, 11:53 am

1 Answer from Attorneys
Robert W. Cettel, Esq. Robert W. Cettel, Attorney

Re: Mechanics Lein

As he is the general contractor, and you are a subcontractor, he had the right to claim the entire amount. His lien does not prevent you from filing a separate lien for the same. If you are out-of-time for a lien, the failure to file a lien does not prevent you from filing suit against the general contractor and the owner.

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Answered on 12/15/02, 9:24 am


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