§ 4703.203 — Enforcement of architect lien

Ohio § 4703.203

• Jurisdiction: Ohio
• Title 47: Occupations-Professions
• Ch. 4703: Architects

Text

(A)(1) An architect holding a lien on commercial real estate that has been perfected pursuant to section4703.202of the Revised Code may commence proceedings to enforce the lien by filing a complaint in the common pleas court of the county in which the commercial real estate is located.

(2) The complaint need not initiate foreclosure proceedings on the lien prior to a court determining the validity of the underlying claim.

(B) The architect shall name as defendants in the complaint all parties who have an interest of record in the commercial real estate that is the subject of the lien, including all parties named in the affidavit required under section4703.202of the Revised Code.

(C)(1) The architect shall file the complaint within two years of the date of recordation of the affidavit required under section4703.202of the Revised Code.

(2) Failure to file a complaint within the time specified shall extinguish the lien.

(D)(1)(a) Any person with an interest in the commercial real estate subject to a lien perfected pursuant to section4703.202of the Revised Code may demand, in writing, that the architect commence suit to enforce the lien.

(b) Such a demand shall be commenced by serving the architect and all parties listed in the affidavit required under section4703.202of the Revised Code the written demand. Such a delivery may be made by any means that provides proof of receipt.

(2) If the architect does not commence the action within sixty days after receipt of the demand, the lien is extinguished.

Last updated July 14, 2021 at 12:31 PM

Legislative History

Effective: September 30, 2021 | Latest Legislation: Senate Bill 49 - 134th General Assembly