SB 49 - Payment Assurance Legislation — Ohio Chapter of ASLA (May 26, 2021)

Summary

A letter dated May 26, 2021, to Chairman Stein regarding SB 49 - Payment Assurance Legislation, from Doug Boyer, PLA, ASLA, Vice President of Legislative Affairs of the Ohio Chapter of the American Society of Landscape Architects. The letter states support for payment assurance legislation proposed in the Ohio Senate. It says a design professional cannot file a mechanics' lien because the work does not improve the physical real estate, and that Ohio is currently one of the few, if not the only state, with no alternative payment protection. It states that Senate Bill 49 would create lien authority for Ohio Landscape Architects, Architects, Engineers, and Surveyors if unpaid by an owner of real estate under written contract to perform design services.

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Full text

May 26, 2021


Hon. Dick Stein
Ohio Representative, District 57
77 S. High Street
12th Floor
Columbus, OH 43215


RE:      SB 49 - Payment Assurance Legislation


Dear Chairman Stein:

         On behalf of the Ohio Chapter of the American Society of Landscape Architects (ASLA), I would like to extend our
support for Payment Assurance Legislation being proposed in the Ohio Senate that will benefit all licensed practitioners within
the profession of Landscape Architecture in Ohio.

         Landscape architecture is the analysis, planning, design, management, and stewardship of the natural and built
environment. It is a licensed professional service regulated by the State of Ohio that includes the preparation and sealing of
drawings, construction documents, and specifications and the administration of contracts in accordance with accepted
professional standards of public health, safety, and welfare.

         Design Professionals in the construction industry have limited options when a commercial real estate owner does
not pay for plans and specifications. Unlike construction contractors, the work of Architects, Landscape Architects, Engineers,
and Surveyors does not improve the physical real estate, and therefore a Design Professional cannot file a mechanics’ lien.
Ohio is currently one of the few, if not the only state that offers no alternative payment protection.

         Senate Bill 49 would create lien authority for Ohio Landscape Architects, Architects, Engineers, and Surveyors if
unpaid by an owner of real estate under written contract to perform design services. Therefore, we join our colleagues in
Architecture, Engineering and Surveying in fully supporting this legislation, with our goal of assuring payment from property
owners for design services rendered by professional design firms on commercial real estate projects within our state.

If you would like to contact me directly to discuss this matter, I can be reached by email at dboyer@edgela.com or by
phone at 219.614.8616.

Thank you for your time and consideration.


Sincerely,



Doug Boyer, PLA, ASLA
Vice President of Legislative Affairs
Ohio Chapter of the American Society of Landscape Architects


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