What Should I Do If a Contractor Puts a Lien on My House?
If a contractor files a mechanic's lien against your property, do not ignore it. A mechanic's lien is a legal claim against real estate that may arise when a contractor, subcontractor, laborer, or material supplier alleges that it has not been paid for work or materials furnished to improve the property. Ohio mechanic's liens are governed by Ohio Revised Code Chapter 1311.
The first step is to obtain and review a copy of the lien. Determine who filed it, the amount being claimed, the work allegedly performed, and when the lien was recorded. A lien claimant must comply with Ohio's statutory requirements, including applicable notice obligations and filing deadlines. See Ohio Revised Code § 1311.06.
You should also gather relevant documents relating to the project, including contracts, change orders, invoices, proof of payment, photographs, emails, text messages, and other project records. These materials may help determine whether the lien is valid and whether the amount claimed is accurate.
A mechanic's lien does not automatically mean the contractor will prevail. Liens may be challenged if statutory requirements were not satisfied or if there are disputes regarding the work performed, the amount owed, or the contractor's compliance with the parties' agreement. Depending on the facts, homeowners may also have claims relating to defective workmanship, breach of contract, or violations of Ohio's Home Construction Service Suppliers Act (HCSSA) or the Consumer Sales Practices Act (CSPA).
Because a mechanic's lien can affect your ability to sell or refinance your property and may ultimately lead to a lien foreclosure action, homeowners should promptly evaluate their rights and options when a lien is filed.