Ohio mechanics lienNotice of furnishing and deadlines

How many days do you have to file a mechanics lien in Ohio?

File a sworn affidavit with the county recorder showing amount due, property, parties and first and last work dates within 60 days after last labor or materials for a one- or two-family dwelling or residential condo unit, within 75 days for other private projects, and 120 days for liens under 1311.021. Serve a copy of the affidavit on the owner or designee within 30 days after filing.² ORC 1311.06(A), (B); 1311.07

When is the Ohio notice of furnishing due?

The owner or lessee records a notice of commencement before work starts. If one is recorded, every subcontractor and material supplier (original contractors excepted) must serve a notice of furnishing on the owner's designee and the original contractor within 21 days after first work or materials; on single/two-family dwellings where multiple original contractors are named, no service on any original contractor is needed.¹ ORC 1311.04(A), 1311.05(A)

How long is a mechanics lien good for in Ohio?

The owner or other interested party may serve the lienholder a notice to commence suit (through the sheriff); if suit is not started within 60 days after service is completed, or is dismissed with prejudice, the lien is void, although the underlying claim survives.³ ORC 1311.11(A), (B); 1311.16

Who can file a mechanics lien in Ohio?

Anyone who performs work or furnishes material under a contract with the owner, part owner or lessee (or their agent), and any subcontractor, laborer or material supplier working for an original contractor or subcontractor, has a lien on the improvement and the owner's interest in the land or leasehold.⁴ ORC 1311.02

Does an Ohio lien claim have to be notarized?

The affidavit for lien may be verified before any person authorized to administer oaths, including an agent of an interested party.² ORC 1311.06(A)

What about public jobs in Ohio?

Public improvements: lien is replaced by a claim on funds withheld. A subcontractor or supplier may serve the public authority an affidavit of the amount unpaid within 120 days after last work or materials; a notice of furnishing must go to the principal contractor within 21 days after first work (later notice limits the claim to amounts after the 21 days before service), and a claimant not in contract with the principal contractor must send a copy of the affidavit to its own subcontractor within 20 days or lose its rights.⁵ ORC 1311.26, 1311.261(A), 1311.31

How do you file a mechanics lien in Ohio?

1. Notice of furnishing: due 21 days after your first work or materials. ORC 1311.04(A), 1311.05(A) Required when the owner has recorded a notice of commencement.
2. File the lien affidavit: due 75 days after your last labor or materials (60 days on one- or two-family dwellings). ORC 1311.06(A), (B); 1311.07

Each line restates the statute cited next to it. Check the statute text before you file.