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How do I collect money owed? Can I file a lien? How do I file a lien. County Housing Authority

Cleveland, OH |
Filed under: Mechanic's lien

I worked as a sub to a sub on a CMHA job. That sub got fired from the job and now they won't pay me for work completed. 4 outstanding invoices. The sub got fired on 9/12/13. I have invoices for work completed on CMHA job and other projects as well and the sub has stated that they are flat out not going to pay me for work completed because they got fired. Sub got paid from the Prime but won't pay me. I have written sub contractor agreement with the sub. Sub has one with the Prime. What can I do to get paid. I sent sub invoices and they don't return emails or phone calls.

Attorney Answers 3

Posted

It is possible you can file a mechanic's lien on the property and get paid for your services. In most states, this process is a little complicated and very time sensitive. I recommend that you consult with a local construction law attorney who can help you with the nuances and the forms.

Actively practicing law in Texas. Inactive licenses in Arizona and Georgia. All answers are general in nature and no attorney/client relationship exists in this forum.

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Posted

You have to be very careful with liens in this situation. Most likely, your contract and the sub's contract with the Prime prohibit the filing of liens. Additionally, you might have a privity of contract issue with the ultimate property owner since it never hired you. That being said, an attorney might be able to help you against the prime.

Mr. Andersen's answers are not intended to create an attorney-client relationship and are based on only the limited information provided in the question. Thus, his answers should not be considered as legal advice, and persons seeking legal advice should contact Mr. Andersen directly and/or another attorney with a law license in the state in which your situation arose. Mr. Andersen is licensed to practice law in Ohio.

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Posted

More information is needed. However, you may have public project lien rights as well as contract rights. And, Ohio's Fairness in Contracting Act (prompt pay) may give you an opportunity to recover a high interest rate and attorney's fees. It all depends on the circumstances. And, time is ticking on the lien claim, if you have one. Please feel free to contact me for an initial review and consultation.

This response does not constitute legal advice and does not create an attorney-client relationship.

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