Cleveland, Ohio
Mechanics Lien Disputes Attorney

When construction projects lead to payment disputes and mechanics liens, you need an attorney who understands construction law and has experience protecting the rights of all parties involved.

At Cavell Law, our real estate litigation attorney has been representing clients in Cleveland, Ohio, and throughout the state in mechanics lien disputes for years.

We understand the significant impact these disputes can have on contractors, property owners, and project stakeholders. We are here to guide you through the legal process, protect your interests, and work towards efficient resolutions to keep your projects moving forward.

What are Mechanics Lien Disputes?

Mechanics lien disputes happen when contractors, subcontractors, or material suppliers claim they haven’t been paid for work or materials provided to improve real property.

These disputes can involve various issues, including:

• Validity of lien claims
• Proper filing and notice procedures
• Priority of competing liens
• Lien amount disputes
• Lien foreclosure actions
• Bond claims in public projects
• Lien waivers and releases
• Payment disputes underlying lien claims

In Ohio, mechanics liens are governed by specific statutes (Ohio Revised Code Chapter 1311) that set strict requirements for filing and enforcing liens. Our experienced Cleveland mechanics lien attorney stays current on all relevant legal standards to provide our clients with effective representation.

Our Mechanics Lien Dispute Services

At Cavell Law, we offer comprehensive legal services for all parties involved in mechanics lien disputes, including:

• Filing and perfecting mechanics liens
• Defending against improper lien claims
• Negotiating lien releases and settlements
• Litigating lien priority disputes
• Representing clients in lien foreclosure actions
• Advising on lien waiver language and practices
• Assisting with bond claims on public projects
• Addressing payment disputes underlying lien claims
• Drafting and reviewing construction contracts to prevent lien issues

We represent a wide range of clients in these matters, including:

• General contractors and subcontractors
• Property owners and developers
• Material suppliers
• Construction lenders
• Design professionals
• Project managers
• Homeowners facing residential liens

Whether you’re a contractor seeking to secure payment through a lien or a property owner defending against an improper lien claim, we have the expertise to guide you through the process and protect your rights.

Why Choose Cavell Law for Your Mechanics Lien Dispute?

When you work with Cavell Law on your mechanics lien dispute, you can expect:

• In-depth knowledge of Ohio mechanics lien laws and procedures
• Experience in both filing and defending against lien claims
• A proven track record of successfully resolving complex construction disputes
• Strategic thinking that balances legal rights with practical business considerations
• Clear communication and responsive client service throughout your case
• A commitment to finding efficient resolutions while protecting your interests

We understand that each mechanics lien case is unique, with its own set of facts, contractual relationships, and project-specific issues. Our team takes the time to thoroughly understand your situation and goals, allowing us to develop a tailored strategy that aligns with your objectives.

Our Approach to Mechanics Lien Disputes

At Cavell Law, we approach each mechanics lien dispute with a focus on thorough analysis, strategic planning, and effective advocacy. Our process typically includes:

1. Comprehensive case evaluation: We conduct an in-depth review of all relevant documents, including contracts, invoices, project records, and lien filings to assess the validity and strength of lien claims.
2. Statutory compliance review: We carefully examine whether all statutory requirements for lien filing and notice have been met, identifying any potential defects or defenses.
3. Financial analysis: We work to understand the underlying payment disputes and evaluate the accuracy of claimed lien amounts.
4. Strategy development: Based on our findings, we develop a customized strategy that may include negotiation, alternative dispute resolution, or litigation.
5. Negotiation and settlement: When appropriate, we engage in skilled negotiation to resolve lien disputes efficiently, often without the need for prolonged litigation.
6. Lien filing or defense: For clients asserting liens, we ensure proper and timely filing. For those defending against liens, we challenge improper claims and work to clear title.
7. Litigation representation: If court action becomes necessary, we provide strong advocacy in lien foreclosure proceedings or actions to invalidate liens.
8. Alternative dispute resolution: We represent clients in mediation or arbitration proceedings when these methods are preferred or required.

Throughout this process, we maintain open communication with our clients, ensuring you’re fully informed and involved in all critical decisions affecting your case.

Frequently Asked Questions

How long do contractors have to file a mechanics lien in Ohio?

In Ohio, the deadline for filing a mechanics lien depends on the type of project:

• For residential projects: 60 days from the last date work was performed or materials were furnished.
• For commercial projects: 75 days from the last date work was performed or materials were furnished.

Can a property owner prevent mechanics liens?

While it’s impossible to completely prevent the filing of mechanics liens, property owners can take steps to reduce the risk, such as:

• Requiring contractors to provide lien waivers with each payment
• Using joint check agreements
• Obtaining a payment bond for the project
• Carefully vetting contractors and ensuring proper licensing

What is a “Notice of Commencement” and why is it important?

A Notice of Commencement is a document filed by the property owner or general contractor at the start of a project. It’s important because it affects the priority of potential liens and triggers certain notice requirements for subcontractors and suppliers.

Can mechanics liens be filed on public projects?

Traditional mechanics liens cannot be filed on public property. However, contractors and suppliers on public projects can make claims against a payment bond, which serves a similar function in protecting their right to payment.

How are competing mechanics liens prioritized?

In Ohio, all valid mechanics liens generally share equal priority and are paid pro-rata if the property is foreclosed. However, liens can have priority over mortgages and other encumbrances in certain circumstances, particularly if work commenced before the mortgage was recorded.

Contact Our Cleveland, Ohio Mechanics Lien Disputes Attorney

If you’re involved in a mechanics lien dispute in Cleveland or anywhere in Ohio, the team at Cavell Law is here to help. We offer confidential consultations to discuss your case and explore how we can assist you in protecting your rights and interests.

To schedule a meeting with our mechanics lien disputes attorney, please call our office or schedule a consultation online. We look forward to learning more about your situation and discussing how we can help you navigate these complex construction law issues.