Question

1.You are a subcontractor who performed work on a privately-owned commercial construction project in Ohio. The owner properly filed a Notice of Commencement, and you filed your Notice of Furnishing the day you started work on the project. Your last day of work on the project was 80 days ago. You’ve invoiced for your last month’s payment, but the GC still hasn’t paid—they keep giving you excuses and saying that “the check will be in the mail soon.” Can you put some pressure on the GC to pay you by filing a lien at this time?

a)Yes

b)No

Answer 1

Can you put some pressure on the GC to pay you by filing a lien at this time?

Answer = b)No

• Lien is a right to keep possession of property belonging to another person until a debt owed by that person is discharged.
• a creditor can only attach a lien to a property title that says you owe them money
• Voluntary liens are contracts between a creditor and a debtor, such as a mortgage
• Involuntary liens are imposed by law when a debtor falls behind in tax payments
• Hence a subcontractor has no right to file a lien