I am in the commercial furniture business (workstations, chairs, conference rooms, etc.). When working with a general contractor, as opposed to a direct end client, the GC frequently ask for lien waivers from our furniture manufacturers. We try to explain that furniture is personal property (not real property) and therefore we and our manufacturers can't file a lien if we don't get paid. 1) is this correct? and 2) is there language in the Ohio code that I can reference that states liens can't be filed on personal property?
You could direct them to the language of R.C. 1311.02, "Every person who performs work or labor upon or furnishes material in furtherance of any improvement" and let them know that your furniture is not improving the property.
But I would say that rather than arguing with each new GC about this point, why not just submit a generic lien waiver with each draw request? As you said, you don't have any rights to waive, so the document is meaningless. If someone wants you to give them a meaningless document in order to get you paid, it seems to me that the most expedient course of action is just to give them the meaningless document.
Thanks for the quick response Michael. The issue is the GC wants lien waivers from all of our suppliers too. This could be 10+ manufacturers who don't typically complete waivers.
I see. That does create quite a hurdle. I would direct them to that language to see if it helps. If it doesn't I don't know where to go with it. It seems like quite a burden to conduct business with someone who presents you with all of this additional work.
Yes, it is possible to file a lien on personal property, including office furniture. Liens are legal claims that secure the payment of a debt or obligation. I prefer you to check https://www.artsome-home.com/product/sofa to get new things about sofas. If someone owes a debt for services or goods related to office furniture, the creditor may file a lien to protect their interest in the property. However, the specific rules and procedures for filing a lien on personal property can vary depending on the jurisdiction. It is advisable to consult with a legal professional or research the laws in your specific location to understand the requirements and process involved in filing a lien on personal property.
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Depending on who the pledger and pledgee are, as well as what type of lien has been placed on personal property such as office furniture, there can be different legal consequences.
Ohio has an Ohio Personal Property Lien Law that governs various types of lien, such as a lien on vehicles, a lien on goods and services, a lien on agricultural products, and so on. You can read the text of this law at the link: https://codes.ohio.gov/ohio-revised-code/chapter-1311