I am a sub contractor. The contractor has been paid for my services but has failed to pay me. The contractor has been paid by the customer. This is a private project.
It seems from your question that you are a designer of fire protection systems. Unfortunately, Ohio is one of the few states that does not allow designers (architects and other design professionals) to file mechanic's liens. Generally, Ohio's mechanic's lien law allows liens for subcontractors who "construct, alter, erect, improve, repair, demolish, remove, dig, or drill" on a project, but not subcontractors who perform design work related to the project.
If you did the design work and the actual installation of the fire protection system, then you more than likely could lien the project (assuming you followed all other necessary procedures). However, without performing "construction work" (as opposed to "design work") on a project, your company does not have mechanic's lien rights in Ohio.
That all being said, your main avenue of recourse against the higher-tier contractor would be to file a lawsuit for breach of contract. If the contractor has been paid by the owner (or GC) for your work, then it will be very difficult for the contractor to deny that you are entitled to payment.
You (or an attorney you hire) could (1) file a mechanic's lien, (2) initiate suit, or (3) send a demand letter. You should be paid for work you perform.
Alexander Foxx, Esq. | (513) 852-5988 | arf@santenhughes.com
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