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09-08-21 | News

Ohio Senate Bill 49 Passed

Creates Assurance Program for Design Professionals

Set to go into effect in October 2021, Ohio Senate Bill 49 was signed into law to protect payment for landscape architects.

Ohio's Senate Bill 49 establishes a payment assurance program for registered design professionals like landscape architects and surveyors.

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As of July 2021, Ohio Senate Bill 49 created three new statutes which grant the right to file a lien against the real estate by Landscape Architects.

The legislation was signed into law on July 1, 2021 and is effective 90 days after. At that point, the lien is then automatically created when any licensed design professional enters into a contract for services. The professional named on the contract is then the only one with lien rights and is available only for private, commercial real estate projects.

Ohio's original Mechanic's Lien Law, which was created in 1877, later added the verbiage, "Mechanics and Builders Liens Laws may be passed to secure to mechanics, artisans, laborers, sub-contractors and material men, their just dues by a direct lien upon the property, upon which they have bestowed labor or for which they have furnished material. No other provision of the constitution shall impair or limit this power.'
https://ohioasla.org/images/meeting/081221/sb_49_client_advisory_ocasla.pdf

Filed Under: LEGISLATION, LANDSCAPE, DESIGN
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