Mechanics liens

Ohio mechanics lien law and deadlines

In Ohio you file the mechanic's lien affidavit with the county recorder within 75 days of your last work, or 60 days on a one- or two-family home. Subs and suppliers also owe a notice of furnishing within 21 days of first work when a notice of commencement is on record.

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Ohio's mechanics lien law is Chapter 1311 of the Ohio Revised Code. The owner starts the paperwork by recording a notice of commencement. Subcontractors and suppliers then serve a notice of furnishing within 21 days of their first work. If payment stops, the lien affidavit goes to the county recorder within 75 days of your last work on most projects, or within 60 days on a one- or two-family dwelling or residential condo unit. Serve the owner within 30 days of filing. The lien lasts six years unless the owner forces you to sue sooner.

Ohio mechanic's lien deadlines at a glance
StepDeadline or ruleR.C. section
Notice of commencementRecorded by the owner with the county recorder before work begins1311.04
Notice of furnishingSubs and suppliers serve within 21 days after first work or materials, once a notice of commencement is recorded1311.05
Lien affidavit, one- or two-family dwelling or residential condo unitWithin 60 days after last work or materials1311.06(B)(1)
Lien affidavit, most other projectsWithin 75 days after last work or materials1311.06(B)(3)
Serve the ownerWithin 30 days after filing; post on the property within 10 more days if service fails1311.07
Notice to commence suitSue within 60 days after the owner's notice is served1311.11(B)
Lien durationSix years after the affidavit is filed unless suit is brought1311.13
Public projectsNo lien on property; contract bond, bond claims, and affidavit claims on public funds153.54, 153.56, 1311.26

Who has lien rights in Ohio

Section 1311.02 gives a lien to everyone who performs work or furnishes material for an improvement under a contract with the owner, part owner, or lessee, and to every subcontractor, laborer, and material supplier working for an original contractor or any subcontractor. There is no tier limit in that language. The definitions in 1311.01 are broad: "original contractor" includes a construction manager in direct contract with the owner, and "materials" include fuel, explosives, tools, equipment, and machinery furnished for the improvement. Chapter 1311 does not name architects or engineers in the sections covered here, so design firms should get a lawyer's read before relying on a lien.

Notice of commencement and notice of furnishing

Ohio's preliminary notice system has two halves. First, under 1311.04, the owner records a notice of commencement with the county recorder before work starts, including the legal description of the property and, if the owner names one, a designee to receive notices. Any sub, supplier, or laborer can request a copy in writing; the owner (or the original contractor or upstream sub) must serve it within 10 days. If the owner does not record it within the later of 10 days after work begins or 3 days after the original contractor's demand, the original contractor may record it for the owner.

Second, under 1311.05, once a notice of commencement is recorded, a subcontractor or material supplier must serve a notice of furnishing on the owner's designee (or the owner) and on the original contractor within 21 days after its first work or materials. Original contractors never need one. A supplier in direct contract with the owner does not serve the owner, and a sub in direct contract with the original contractor does not serve the original contractor.

Late is better than never. A notice served after day 21 still preserves the lien for work and materials furnished in the 21 days before service and afterward, but it does not revive anything earlier. Say a concrete supplier starts delivering to a sub on a $750,000 warehouse on May 1 and serves notice on July 1. Only the deliveries from about June 10 forward are protected.

Filing and serving the lien affidavit

Under 1311.06, the lien is an affidavit filed with the county recorder in each county where the property sits. It states the amount due over all legal setoffs, the property description, who you worked for, the owner if known, your name and address, and the first and last dates you furnished work or materials. The statute includes a sample form. The deadline is 60 days after last work for a one- or two-family dwelling or a residential condominium unit, 75 days for most other projects, and 120 days for the special category of liens under 1311.021.

Within 30 days after filing, 1311.07 requires you to serve a copy on the owner, part owner, lessee, or designee. If service cannot be made, post the copy in a conspicuous place on the property within 10 days after that 30-day period ends.

Enforcement and bonding off

An Ohio lien is good for six years after the affidavit is filed under 1311.13, and continues until final judgment if you sue within that time. The owner, a lender, or a contractor who has bonded the lien can cut that short. Under 1311.11, they can have a notice to commence suit served on you, and if you do not file suit within 60 days after service, the lien is void (the underlying debt survives). The lien can also be released by posting a bond or other security worth double the claim, or 1.5 times the claim if it exceeds $5,000, with court approval.

Residential work and lien waivers

Homes get extra protection. Besides the shorter 60-day filing window, 1311.011 says no contractor, sub, supplier, or laborer has a lien under a home construction contract (or on a home under a home purchase contract) if the owner paid the original contractor in full before receiving a copy of the lien affidavit. On a kitchen remodel, that means a sub who waits to file can lose the lien entirely once the homeowner pays the GC.

Chapter 1311, in the sections covered here, does not prescribe a statutory lien waiver form, so Ohio contractors use contract or industry forms. Match each waiver to a specific payment and through-date, and use conditional waivers until funds clear.

Public projects use bonds instead

Public property cannot be liened. Under 153.54, a contractor on a state or local public improvement files a bond for the amount of the contract that covers all lawful claims of subcontractors, material suppliers, and laborers, functioning as the payment bond. Under 153.56, a claimant furnishes the sureties a statement of the amount due no later than 90 days after completion and acceptance, waits 60 days, and must sue within one year after acceptance. A sub or supplier furnishing more than $30,000 who is not in direct contract with the principal contractor must serve a notice of furnishing to keep those rights. Section 1311.26 separately lets subs, suppliers, and laborers serve an affidavit on the public authority against the contract funds within 120 days of their last work. See Ohio prevailing wage and Ohio prompt payment rules for the rest of the public-work picture.

Frequently asked questions

How long do I have to file a mechanics lien in Ohio?

75 days after your last work or materials on most projects, and 60 days on a one- or two-family dwelling or residential condominium unit. A special category under R.C. 1311.021 has 120 days.

What is a notice of furnishing in Ohio?

It is Ohio's preliminary notice. Once a notice of commencement is recorded, subcontractors and suppliers serve it on the owner or designee and the original contractor within 21 days of first work. A late notice protects only work in the 21 days before service and after.

How long does an Ohio mechanics lien last?

Six years from filing the affidavit, unless the owner serves a notice to commence suit. Then you have 60 days to sue or the lien is void.

Can a homeowner who paid the contractor avoid a sub's lien in Ohio?

Yes, under a home construction contract, if the owner paid the original contractor in full before receiving a copy of the lien affidavit, no lien attaches.

Can I lien a public project in Ohio?

No. You claim against the contractor's bond under R.C. 153.56 or serve an affidavit on the public authority under R.C. 1311.26.

Sources

  1. Ohio Laws: R.C. 1311.02, lien of subcontractor, laborer or materialman (archived copy)
  2. Ohio Laws: R.C. 1311.04, notice of commencement (archived copy)
  3. Ohio Laws: R.C. 1311.07, service of affidavit on owner (archived copy)
  4. Ohio Laws: R.C. 1311.11, notice to commence suit and bonds (archived copy)
  5. Ohio Laws: R.C. 1311.13, effective dates and duration of liens (archived copy)
  6. Ohio Laws: R.C. 1311.06, affidavit time periods (archived copy)
  7. Ohio Laws: R.C. 1311.05, notice of furnishing (archived copy)
  8. Ohio Laws: R.C. 1311.011, home construction contracts (archived copy)
  9. Ohio Laws: R.C. 1311.26, affidavit on public improvements (archived copy)
  10. Ohio Laws: R.C. 153.54, bid guaranty and contract bond (archived copy)
  11. Ohio Laws: R.C. 153.56, claims against the bond (archived copy)

Laws and rates change. Confirm current requirements with the state agency before you bid, file, or pay. This page is general information, not legal advice.

Written and edited by

Maurice Francois writes and edits construction operations guides for Smart Business Automator. More from Maurice on the Scaling Legends podcast.

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