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Updated almost 9 years ago on . Most recent reply

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Brian Pleshek
  • Investor
  • Hamilton, OH
77
Votes |
272
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Lien Waiver Ohio

Brian Pleshek
  • Investor
  • Hamilton, OH
Posted

My project is finishing up today.  Unfortunately, I will be going out of town for 2 weeks so I am hoping for the good will of people here to provide a speedy response.  :)

This is my first time dealing with this, so I wanted to know if this is sufficient language to protect me from a mechanic's lien.

"TO ALL WHOM IT MAY CONCERN:

The undersigned, in consideration of the sum of $_5280_, the receipt and sufficiency of which is hereby acknowledged does hereby waive, release and relinquish any and all liens and claims for liens for labor or work performed and/or material furnished to the construction project commonly known as The Bradley Rental located at xxx Myaddress Drive. MyCity, Ohio 45XXX and owned by Brian and Mary Pleshek.

The individual signing this lien waiver on behalf of the undersigned hereby warrants that he/she has full authority to execute this lien waiver. October 27, 2016.

________________________________

By: ________________________________

lts: ________________________________"

Questions:

1. Is the language sufficient?

2. Should I get it noterized at the time of signing or is that unnecessary?

3. Should there be any issues with the guys he brought onto the job as a subcontractor?

There was language in the original contract as such:

3. Contractor may at its discretion engage subcontractors to perform work hereunder, provided Contractor shall fully pay said subcontractor and in all instances remain responsible for the proper completion of this Contract.

Thank you very much.

Brian

Most Popular Reply

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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
13,510
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23,418
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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
Replied

Maybe, but probably not on it's face.  Your state likely has a Specific release form.  You could find it easily by googling it up, along with all the relevant laws.  In any case, this will Not prevent any subs from filing liens, if they do so properly. You really need to just read your state mechanics lien laws.

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