Section 4733.301 | Lien on commercial real estate.
(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.
(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
Available Versions of this Section
- September 30, 2021 – Enacted by Senate Bill 49 - 134th General Assembly [ View September 30, 2021 Version ]