Mechanics’ Liens

A mechanics’ lien arises when an unpaid contractor, subcontractor, laborer, or material supplier files an affidavit with the county recorder’s office on property to which it made improvements. Whether you are a property owner, contractor, material supplier or laborer, it is crucial to understand that your relationship amongst the parties affects your rights and duties to preserve your lien or protect your property from a lien. When filed correctly, a mechanics’ liens creates a strong impetus for payment as it can be foreclosed upon and prevent a property owner from selling and refinancing the property. If you are the property owner, a mechanics’ lien on your property can cause you to pay twice for the same improvements. Therefore, having the right firm protecting your rights can mean the difference between being paid first, not being paid at all, or paying for the same service twice.

At Keith D. Weiner & Associates, we aid those in the construction industry by preparing and serving all requisite documents. This includes Requests for Notice of Commencement, Notices of Furnishing, Mechanics’ Liens and Affidavits of Attested Account or Bond Claims. We have represented clients for both public projects and private projects. Public Projects are construction on property owned by a government entity. Private projects are considered improvements made to property that is not owned by a government entity or property that is not residential property.

By utilizing the legal services of Keith D. Weiner & Assoc. Co. L.P.A, our clients have peace of mind. Our clients know that their potential lien is placed in the hands of an efficient, dedicated, and experienced team. The staff of Keith D. Weiner & Assoc. Co. L.P.A. covers the entire State of Ohio and out-of-state claims are forwarded to attorneys throughout the country through our Affiliated Attorney Network.

Services

Whether it is a public or a private project, Keith D. Weiner & Associates, Co. L.P.A. handles:

  • Notice of Commencement
  • Request for Notice of Commencement
  • Notice of Furnishing
  • Mechanics’ Lien
  • Affidavit of Attested Account
  • Bond Claim
  • Foreclosure on Mechanics’ Lien
  • Notice to Commence Suit
  • Mediation
  • Breach of Contract Lawsuits
  • Alternative Dispute Resolution

Our Fees
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Our Fees

Our fees are competitive and conform to industry standards. In most instances, the following fee arrangements are available:


1. Collection matters are handled on a contingency fee basis, but an hourly option is available and sometimes requested by clients who hold large balance claims. At a clients’ request, fees for collection matters can be billed on a per item flat fee basis for letters, pleadings, motions, and executions.


2. Uncontested foreclosures and related bankruptcy and eviction matters are most often billed on a flat fee basis according to the Fannie Mae guidelines. Contested matters, and counterclaims, generally require additional flat fee or hourly billing, subject to client approval;


3. Uncontested replevin cases are also handled on a flat fee basis. If the right to recover possession is opposed, the matter is converted to an hourly fee basis, upon client approval;


4. Mechanic’s lien matters are treated the same as replevin cases, unless they involve multiple properties, or otherwise relate to unusual subject matter;


5. Our firm is also pioneering the availability and use of alternative fee arrangements (“AFA’s”) for legal services that have traditionally been billed hourly. The availability of AFA’s is a product of our firm’s ambition to deliver legal services in an efficient and cost-effective manner, and help clients more effectively forecast and contain costs. AFA’s are available for an ever expanding range of matters, including litigation defense, discovery disputes, and appellate practice.

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