Can a contractor waive his right to file a mechanics lien?
An owner in Ohio may have a contract provision providing that a contractor may not file a lien on a project. The enforceability of such a provision is questionable. However, some Ohio courts have upheld such “no lien” provisions against contractors that sign them. Seveco, Inc. v. C&G Investment Associates, 1977 LEXIS 7341 (Franklin Cty. 1977). If a contractor agrees to a no lien provision, the contractor must put the same language in any contracts he enters into with lower tiered contractors or material suppliers.
