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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. 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. 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. 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. 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. 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. 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. 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.

Open the Mechanics Lien guide

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AFFIDAVIT FOR MECHANICS LIEN (OHIO)

Filed under Ohio Revised Code Chapter 1311, in a form substantially as prescribed by O.R.C. 1311.06. The undersigned affiant claims a mechanics lien on the real property described below to secure payment for labor, work, or materials furnished to improve that property.

  1. CLAIMANT (AFFIANT) Name: [CLAIMANT NAME] Role: [ORIGINAL CONTRACTOR / SUBCONTRACTOR / MATERIAL SUPPLIER / LABORER] Address: [CLAIMANT ADDRESS]

  2. AMOUNT DUE The amount due to the claimant over and above all legal setoffs is: $[AMOUNT].

  3. FOR WHOM AND BY WHOM FURNISHED Name of the person to or for whom the labor, work, or materials were furnished, and by whom the claimant was employed: [PERSON OR COMPANY THAT ORDERED THE WORK].

  4. OWNER Name of the owner, part owner, or lessee, if known: [OWNER NAME] Address: [OWNER ADDRESS]

  5. WORK OR MATERIALS General description of the labor, work, or materials furnished: [DESCRIPTION]. Date first furnished: [FIRST DATE]. Date last furnished: [LAST DATE].

  6. PROPERTY Description of the property to be charged with the lien, sufficient to identify it: [PROPERTY DESCRIPTION]. Street address: [PROPERTY ADDRESS]. County: [COUNTY].

  7. VERIFICATION The affiant, being first duly sworn, states that the affiant has read this affidavit and that the facts stated in it are true.

Signature: [SIGNATURE] Printed name and title: [NAME AND TITLE] Date: [DATE]

[JURAT / NOTARY ACKNOWLEDGMENT, SWORN TO BEFORE A NOTARY, AS REQUIRED BY O.R.C. 1311.06]

NOTICE OF FURNISHING (subcontractors and suppliers not in privity with the owner)

Where a notice of commencement has been recorded, a subcontractor or supplier not in direct contract with the owner must serve a notice of furnishing within 21 days after first performing labor or work or furnishing materials, under O.R.C. 1311.05.

To (owner and original contractor): [NAMES AND ADDRESSES] From (claimant): [CLAIMANT NAME AND ADDRESS] Date served: [DATE]

Note: This Ohio mechanics lien affidavit follows Ohio Revised Code Chapter 1311, including the prescribed form of 1311.06. Confirm the current statutory language, the project type, and the notice and filing deadlines, or have this reviewed by an attorney, before filing.

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.

Frequently Asked Questions

An Ohio mechanics lien is a claim a contractor, subcontractor, or supplier records against a property they improved but were not paid for. It is perfected by filing a sworn affidavit. The lien attaches to the real estate, clouds the title so the owner cannot easily sell or refinance, and can be foreclosed through a court-ordered sale. Ohio Revised Code Chapter 1311 governs it.

Contractors, subcontractors, material suppliers, and laborers who furnished labor, work, or materials to improve real property and were not paid can file under Chapter 1311. A subcontractor or supplier not in direct contract with the owner may first have to serve a notice of furnishing, while original contractors and laborers do not.

It turns on the project. Under O.R.C. 1311.06 you file the lien affidavit within 75 days of your last labor or materials on most improvements, within 60 days on a one- or two-family dwelling or residential condominium, and within 120 days on an oil or gas well. Each runs from your last day of work and is applied strictly.

Only some claimants do. Under O.R.C. 1311.05 a subcontractor or supplier who is not in privity with the owner, on a project where a notice of commencement was recorded, must serve a notice of furnishing within 21 days of first work. Serving late preserves rights only for work done in the 21 days before service, going forward.

The lien continues in force for six years after the affidavit is filed, under O.R.C. 1311.13, and if you bring an enforcement action within that time it continues until final adjudication. Note that an owner can serve a notice to commence suit under O.R.C. 1311.11 that forces you to sue within 60 days.

Missing the 21-day notice of furnishing or the 75 or 60-day affidavit deadline generally means the lien is lost, because Ohio applies these rules strictly. You may still sue the party who hired you for breach of contract to recover the unpaid amount, but you lose the security the lien provides against the property.

Two ways. The affidavit deadline drops to 60 days for a one- or two-family dwelling or residential condominium under O.R.C. 1311.06. And under O.R.C. 1311.011, when the owner occupies the property as a principal residence, good-faith payments the owner makes to the contractor reduce or discharge a subcontractor's lien, so it may be worth confirming payments before filing.

When the debt is paid, the claimant should file a satisfaction or release of the lien to clear the title. A lien also lapses if it is not enforced within its six-year life. An owner who disputes a lien can challenge it in court, and Ohio allows a lien to be discharged by posting a bond in place of the property.