Architect, landscape architect, engineer, and surveyor lien rights in Ohio

Architects, landscape architects, professional engineers, and professional surveyors have lien rights for construction projects located in Ohio.  These design professional liens are a similar concept to mechanic’s liens where the project’s real property provides security for payment owed to the design professionals.  Much like mechanic’s liens, the design professional liens can be an important tool for construction lawyers to get their clients paid.

Architect Liens

Ohio’s architect lien statute is located at Ohio Revised Code 4703.20 – 4703.206.  An “architect” who qualifies for the lien is an individual or company “providing architect services pursuant to the chapter.”

For an architect lien right to exist, the project must be commercial real estate (as opposed to residential) and must be a private project (as opposed to public/government).

The types of private commercial projects that are subject to the architect lien include projects for the “designing, planning, constructing, erecting, altering, repairing, demolishing, removing, or providing other construction services” of buildings, appurtenances, fixtures, bridges, other structures, gas pipelines and wells, excavation cleanup and removal of hazardous waste, seeding sodding and planting, and grading or filling to establish a grade.

Unlike mechanic’s liens, the architect lien requires a signed written contract.  The architect lien is also lower in priority than mechanic’s liens regardless of when the mechanic’s lien is recorded.

To perfect the lien, the architect or its construction lawyer must file with the county recorder an affidavit that states: (a) the name of the architect; (b) the name of the owner of the interest in the commercial real estate; (c) the name of the record owner of the commercial real estate if different than the owner described in division (b); (d) a legal description of the commercial real estate sufficient to reference the instrument by which the record owner took title and the permanent parcel number, if any; (e) the parties to and date of the contract; (f) the amount of the architect’s claim under the contract; and (g) a statement that the information contained in the affidavit is true and accurate to the knowledge of the architect.

The architect or its construction lawyer must then properly serve the affidavit within 30 days of recording and file the complaint within two years of recording.

At any point after recording, any person with an interest in the commercial real estate may demand that the architect commence suit to enforce the lien.  If the architect does not commence the action within 60 days after receipt of the demand, the lien is extinguished.

The architect’s lien may be bonded off by obtaining court approval of a surety bond with a penal sum equal to the amount of the architect’s claim.  Using an escrow account as substitute security is also an option.

Landscape Architect Liens

The landscape architect lien statute is located at Ohio Revised Code 4703.54 – 4703.546.  A “landscape architect” who qualifies for the lien is an individual or company “providing landscape architect services pursuant to the chapter.”

For a landscape architect lien right to exist, the project must be commercial real estate and it must be a private project.  The project cannot be residential or a government project.

The types of private commercial projects that are subject to the landscape architect lien include projects for the “designing, planning, constructing, erecting, altering, repairing, demolishing, removing, or providing other construction services” of buildings, appurtenances, fixtures, bridges, other structures, gas pipelines and wells, excavation cleanup and removal of hazardous waste, seeding sodding and planting, and grading or filling to establish a grade.

A landscape architect lien also requires there to be a signed written contract.  The landscape architect lien is lower in priority than mechanic’s liens regardless of when the mechanic’s lien is recorded.

To perfect the lien, the landscape architect or its construction lawyer must file with the county recorder an affidavit that states: (a) the name of the landscape architect; (b) the name of the owner of the interest in the commercial real estate; (c) the name of the record owner of the commercial real estate if different than the owner described in division (b); (d) a legal description of the commercial real estate sufficient to reference the instrument by which the record owner took title and the permanent parcel number, if any; (e) the parties to and date of the contract; (f) the amount of the landscape architect’s claim under the contract; and (g) a statement that the information contained in the affidavit is true and accurate to the knowledge of the landscape architect.

The landscape architect or its construction lawyer must then properly serve the affidavit within 30 days of recording and file the complaint within two years of recording.

Any person with an interest in the commercial real estate may demand that the landscape architect commence suit to enforce the lien after it has been recorded.  If the landscape architect does not commence the action within 60 days after receipt of the demand, the lien is extinguished.

Landscape architect liens may be bonded off by obtaining court approval of a surety bond or using an escrow account.  Under either option the substitute security must be equal to the amount the landscape architect’s claim.

Professional Engineer and Professional Surveyors Liens

The professional engineer and professional surveyor lien statute is located at Ohio Revised Code 4733.30 – 4733.306.  A “professional engineer” and “professional surveyor” means an individual or company “providing engineering services pursuant to the chapter.”

For a professional engineer or professional surveyor lien right to exist, the project must be commercial real estate, not residential, and must be a private project, not public.

The types of private commercial projects that are subject to the professional engineer or surveyor lien include projects for the “designing, planning, constructing, erecting, altering, repairing, demolishing, removing, or providing other construction services” of buildings, appurtenances, fixtures, bridges, other structures, gas pipelines and wells, excavation cleanup and removal of hazardous waste, seeding sodding and planting, and grading or filling to establish a grade.

The professional engineer and surveyor lien requires a signed written contract.  The professional engineer and surveyor lien is also lower in priority than mechanic’s liens regardless of when the mechanic’s lien is recorded.

To perfect the lien, the professional engineer or surveyor or its construction lawyer must file with the county recorder an affidavit that states: (a) the name of the professional engineer/surveyor; (b) the name of the owner of the interest in the commercial real estate; (c) the name of the record owner of the commercial real estate if different than the owner described in division (b); (d) a legal description of the commercial real estate sufficient to reference the instrument by which the record owner took title and the permanent parcel number, if any; (e) the parties to and date of the contract; (f) the amount of the professional engineer/surveyor’s claim under the contract; and (g) a statement that the information contained in the affidavit is true and accurate to the knowledge of the professional engineer/surveyor.

The professional engineer/surveyor or its construction lawyer must then properly serve the affidavit within 30 days of recording and file the complaint within two years of recording.

At any point after recording, any person with an interest in the commercial real estate may demand that the professional engineer or surveyor commence suit to enforce the lien.  If the professional engineer or surveyor does not commence the action within 60 days after receipt of the demand, the lien is extinguished.

The professional engineer or surveyor’s lien may be bonded off by obtaining court approval of a surety bond with a penal sum equal to the amount of the professional engineer and surveyor’s claim.  An escrow account in the amount of the claim can also be used as substitute security.

 

Nick Schwandner is a construction lawyer that handles mechanic’s liens, architect liens, landscape architect liens, and engineer and surveyor liens for construction industry clients across Ohio.