materials, in furtherance of any improvement pursuant to a contract (express or implied) with the owner, part owner or lessee of any interest in real estate, has a lien to secure payment therefore upon the improvement and all interests the owner, part owner or lessee1 has or may acquire in the land or leasehold to which the improvement was made. Further, every person who as a subcontractor, laborer or materialman performs any labor or work or furnishes materials to an original contractor (or any subcontractor) in carrying forward, performing or completing any improvement likewise has a lien to secure payment therefore. Ohio Rev. Code § 1311.02. A mechanic’s lien will be strictly construed when a question arises as to whether there has been proper perfection. See, e.g., Manpower, Inc. v. Phillips, 177 Ohio St. 45 (1962). The rule of liberal construction of Section 1311.22 only applies to post-attachment matters, once there has been a determination that all the procedural requirements for perfection have been followed.
Agenda
Faculty
Andrew J. Natale, Esq.
Frantz Ward LLP
- Founding member and partner of Frantz Ward LLP in Cleveland, Ohio
- Devotes 100% of his practice area to construction, representing general contractors, design/builders, subcontractors, specialty trades, suppliers, manufacturers, developers, lenders, owners, and design professionals in all aspects of construction law, including arbitration, mediation and complex commercial litigation
- Extensive experience with construction-related litigation, mediation, arbitration, claims management, claims avoidance, insurance coverage and contract negotiation
- Recognized as a top-level Leading Lawyer in Construction by Chambers USA from 2003 to present, as well as an Ohio Super Lawyer, and listed in Best Lawyers of America 2010 to present; named Best Construction Lawyer in Cleveland, Ohio, 2012 by Best Lawyers of America
- Served as chairman of the Construction Advisory Council for the American Arbitration Association from 1999 to 2000, and served as a member of the Advisory Council through 2005
- Serving as a distinguished blue-ribbon panel member for the Construction Industry Arbitrators and Mediators for the American Arbitration Association since 1993, received the association’s 2000 Golden Gavel Award recognizing his distinguished service in the construction alternative dispute resolution community
- Member of the Ohio Contractors’ Association, the Construction Employers’ Association, the American Bar Association’s Forum on the Construction Industry, the Cleveland Metropolitan Bar Association, the American Arbitration Association, the Surety Association of Ohio, and the ALFA International Global Legal Network
- Frequent lecturer on a variety of construction law topics, including mechanics lien and bond law, construction claims and liability theories, claims management and avoidance, project and claim documentation, competitive bidding, schedule issues, alternative dispute resolution, design professional liability and construction defects
- Admitted to the AAA Panel of Construction Industry Neutrals, including Large Complex Case Neutrals
- J.D. degree, University of Cincinnati College of Law; B.A. degree, University of Dayton
- Can be contacted at 216-515-1602 or [email protected]
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