May a contractor file a lien on my property without a contract and five months after work is done?
Full Question:
Answer:
Pursuant to Ohio statutes, a contractor, subcontractor, or materialman who has provided labor or materials to a construction project may file a lien against the property for the value of the labor performed or materials supplied by filing a Affidavit of Mechanic's Lien. A lien may not be obtained against property when the party claiming the lien has been paid in full before the property owner has received a copy of the lien claimant's Affidavit of Mechanic's Lien. O.R.C. 1311.01(B).
An Affidavit for a Mechanic's Lien must be filed within sixty days from the last day of work performed by the party claiming the lien, if the project is a one or two family residential dwelling. Otherwise, the lien claimant has seventy-five (75) days to file for a lien. An exception is liens involving oil and gas leases, which may be filed within one hundred and twenty (120) days. O.R.C.1311.06(B).
Typically, the Affidavit would require the contractor to state details of his contract with the property owner.
If a lien is not filed within the designated time frame, any lien actually placed on the property would be unenforceable. In many cases, a property owner may file an affidavit on the land records which states under oath that payment has been made to the contractor in full.
