Dear YouDig?
We are owed mid-six figures for excavation work we finished six months ago. The general contractor is playing dodgeball and claims it hasn’t been paid. We want to make a claim to get our dough. Problem, it looks like we blew the lien rights. Our now former contract administrator never filed the notice of furnishing.
-Rock and a Hard Place
Preacher gonna preach:
Protect your work. Which really means protect your profits, your employees’ jobs, your children’s future, your luxury SUV, your vacation to the Caribbean and… for goodness sake, Rock… your respectability. The mechanic’s lien laws in Ohio are there for you. You should know better. A NOTICE OF FURNISHING MUST BE AN AUTOMATIC/MANDATORY STEP IN A SUBCONTRACTOR’S CONTRACTING PROCESS. NO EXCEPTIONS.
Preacher gonna preach some more:
The buck stops at the top. Winners don’t blame the “now former” administrator.
Now that preacher has preached … You had a contract to perform work. Contractor promised to pay you for the work. You performed the work. Contractor has not paid you. That, Rock, is a breach of contract. In Ohio, the statute of limitations for a breach of contract claim is eight years.
You better find out if the delinquent contractor was actually paid by the Owner. If so, you have a claim under the Ohio Prompt Pay Act. You may have other claims as well.
Tell your new administrator to call your lawyer and start now. Better yet… You call the lawyer, Rock…YouDig?