Ohio Mechanics Lien
File an Ohio mechanics lien to secure payment for construction work. Learn the 75-day commercial and 60-day residential filing deadlines, and enforcement.
Introduction
An Ohio mechanics lien is a legal claim recorded against real property by a contractor, subcontractor, or supplier who improved the property and was not paid. Once recorded, the lien attaches to the property, clouds the title, and can be enforced by a court-ordered sale. That security gives the lien its leverage, and Ohio grants the right to it in Revised Code Chapter 1311. The lien only works if you meet its deadlines. A subcontractor or supplier not in direct contract with the owner, where a notice of commencement was recorded, must serve a notice of furnishing within 21 days of first work. You file the lien affidavit within 75 days of your last labor or materials, or within 60 days on a one or two-family dwelling. The lien stays in force for six years, during which you must sue to enforce it. DocDraft prepares an Ohio mechanics lien affidavit and its notices from your project details, and attorney review is available before you file.
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Key Things to Know
- 1
An Ohio mechanics lien secures payment against the improved property. Contractors, subcontractors, material suppliers, and laborers who furnished labor, work, or materials to improve real property and were not paid can claim one under Ohio Revised Code Chapter 1311.
- 2
A notice of furnishing may be required within 21 days. Under O.R.C. 1311.05 a subcontractor or supplier not in privity with the owner, where a notice of commencement was recorded, must serve it within 21 days of first work. Original contractors and laborers are exempt.
- 3
The affidavit deadline depends on project type. Under O.R.C. 1311.06 you file the lien affidavit within 75 days of last furnishing, within 60 days on a one- or two-family dwelling or residential condominium, and within 120 days on an oil or gas well.
- 4
The lien lasts six years, and you must sue within it. Under O.R.C. 1311.13 the lien continues in force for six years after the affidavit is filed; if you sue to enforce within that time, it continues until the case is finally decided.
- 5
Ohio applies the rules strictly. Missing the 21-day notice of furnishing or the 75 or 60-day affidavit deadline generally forfeits the lien, though a separate contract claim for the unpaid balance may remain and the six-year enforcement clock is comparatively forgiving.
- 6
The affidavit must use the statutory form. O.R.C. 1311.06 requires it to be substantially in the prescribed form, stating the amount due, the claimant, the owner, the party who ordered the work, a description of the property, and the first and last dates of work.
- 7
Owner-occupied homes get added protection. Beyond the shorter 60-day residential deadline, O.R.C. 1311.011 provides that when an owner occupies the property as a principal residence, good-faith payments to the contractor reduce or discharge a subcontractor's lien.
Key decisions before you file
Before you file a Mechanics Lien in Ohio, a few decisions shape the document: which option to choose and what each one means. The Mechanics Lien guide walks through them.
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Ohio Requirements for Mechanics Lien
Ohio Filing Deadline and Office
File the Ohio mechanics lien in the correct office, a county recorder or court as Ohio requires, within the state's deadline after you last furnish labor or materials. Ohio applies the deadline strictly, so filing late or in the wrong office can void the lien.