(A)(1) A professional engineer or professional surveyor who enters into a written contract for services to be provided with regard to any interest in commercial real estate has a lien on that interest.

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Terms Used In Ohio Code 4733.301

  • Contract: A legal written agreement that becomes binding when signed.
  • Engineer: means a graduate of an accredited engineering curriculum or a person registered as a professional engineer under this chapter, or both. See Ohio Code 4733.01
  • in writing: includes any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures. See Ohio Code 1.59
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Professional engineer: means a person registered as a professional engineer under this chapter. See Ohio Code 4733.01
  • Professional surveyor: means a person who is registered as a professional surveyor under this chapter. See Ohio Code 4733.01

(2) The lien shall be effective only if the contract for services is in writing and is signed by the professional engineer or professional surveyor and the owner of the interest in commercial real estate.

(B)(1) Only the professional engineer or professional surveyor named in the contract shall have a lien pursuant to this section.

(2) A lien is not available to any employee, agent, or independent contractor of the professional engineer or professional surveyor.

(C) The amount of the lien shall be limited to the amount due to the professional engineer or professional surveyor pursuant to the contract.

(D) The lien shall be effective only against the interest in commercial real estate that is the subject of the contract.

(E) All valid and recorded mechanic’s liens arising pursuant to Chapter 1311 of the Revised Code, regardless of recordation date, and all previously recorded mortgages and liens, including judgment liens, take priority over a professional engineer or professional surveyor’s lien.

Last updated July 14, 2021 at 12:36 PM