Columbus, OH asked in Construction Law for Ohio

Q: I am a subcontractor and owner wrote a check that said final and if I cash such check I cannot file a lien. However

I Did not cash the check filed mechanics lien and civil suit for breach of contract. Can I cash the check now? Considering I have a civil suit for what the owner owes me

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1 Lawyer Answer
Bruce Martin Broyles
Bruce Martin Broyles
  • Construction Law Lawyer
  • Lancaster, OH
  • Licensed in Ohio

A: Ohio law over the years has gone back and forth on the effect of cashing a check marked "paid in full". In 1996, R.C. 1303.40 established that cashing a check marked paid in full will extinguish the debt. Even though you have a pending lawsuit, you should not cash the check.

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