Ohio Mechanic Lien Law: Complete Guide
Your Complete Guide to Mechanics' Mechanic Lien Rights Under Ohio Revised Code §1311.01 — Private Works, Public Funds Mechanic Liens & Payment Bond Claims
Ohio mechanic lien deadline table with toggles for project type and claimant type.
Ohio Preliminary Notice & Mechanic Lien Deadlines
Select your project type and role to see the deadlines that apply to you.
Prime Contractor — In privity with the property owner
Record the Affidavit for Mechanic's Lien with the county recorder within 75 days after last furnishing labor or materials on most projects.
The deadline shortens to 60 days for owner-occupied 1-2 family residential projects.
After recording the Affidavit for Mechanic's Lien, the claimant must serve a copy of the recorded affidavit on the owner within 30 days of recording.
Commence a suit to foreclose the mechanic's lien within 6 years after the lien is recorded.
If the owner serves a demand to commence suit, the deadline shortens to 60 days after service.
Preliminary Notice
Mechanic Lien
Record the Affidavit for Mechanic's Lien with the county recorder within 75 days after last furnishing labor or materials on most projects.
The deadline shortens to 60 days for owner-occupied 1-2 family residential projects.
After recording the Affidavit for Mechanic's Lien, the claimant must serve a copy of the recorded affidavit on the owner within 30 days of recording.
Enforcement
Commence a suit to foreclose the mechanic's lien within 6 years after the lien is recorded.
If the owner serves a demand to commence suit, the deadline shortens to 60 days after service.
Ohio Mechanic Lien Law Overview
Ohio construction mechanic lien rights are governed by Ohio Revised Code Annotated §1311.01 through §1311.22. This statutory framework protects the payment rights of contractors, subcontractors, materialmen, and laborers who perform work or furnish materials for the improvement of real property in Ohio. Mechanic Lien filing deadlines vary significantly depending on the type of construction project.
A critical first step under Ohio mechanic lien law is obtaining a copy of the Notice of Commencement from the owner, contractor, or upper-tier subcontractor or materialman. There are statutory penalties for failure to furnish the Notice of Commencement after a request. This document establishes the framework for all subsequent notice and mechanic lien filing requirements on the project.
Subcontractors and materialmen not in direct privity with the owner must serve a Notice of Furnishing upon the owner and contractor within 21 days of commencing work or furnishing materials. No mechanic lien rights exist for work performed or materials furnished prior to 21 days before serving the Notice of Furnishing. Laborers and those working on owner-occupied residential construction contracts and railroads are exempt from this requirement.
Ohio also provides separate remedies for public works projects: a Mechanic Lien on Public Funds under §1311.25-.32 and Payment Bond claims under §5525.15 and §153.54-.57. Ohio has strong prompt pay provisions effective for all contracts entered into after April 10, 1991, requiring payment within 10 days of receipt with 18% per annum interest for late payment. National Lien & Bond provides authoritative guidance on every aspect of Ohio construction mechanic lien compliance.
Ohio Notice Requirements
Notice obligations that must be satisfied before filing a mechanic lien in Ohio.
Ohio requires subcontractors, sub-subcontractors, and material suppliers who do not have a direct contract with the property owner to file a Notice of Furnishing with the county recorder and serve it on the property owner and general contractor within 21 days of first furnishing labor, materials, or services (O.R.C. §1311.05). Failure to file within 21 days limits the lien to labor or materials furnished on or after the 21-day lookback period — effectively eliminating recovery for the first 21 days of work.
Property owners may file a Notice of Commencement with the county recorder before construction begins (O.R.C. §1311.04). When a Notice of Commencement is filed, it triggers the 21-day obligation for subcontractors and suppliers to serve their Notice of Furnishing. The Notice of Commencement must be posted at the project site and a copy filed with the county recorder.
For Ohio public projects, the general contractor must provide a payment bond. Subcontractors and suppliers must give written notice of their claim to the public authority and the general contractor within 90 days of last furnishing to preserve payment bond rights under O.R.C. §153.56. Failure to provide timely notice forfeits bond claim rights.
How to File a Mechanic Lien in Ohio: Step-by-Step
An overview of the statutory process — each step is technical and typically handled by an attorney.
- 1
Look for the Notice of Commencement: Check whether the owner has posted or recorded a Notice of Commencement (O.R.C. §1311.04). If posted, you must serve your Notice of Furnishing within 21 days of first furnishing.
- 2
File Notice of Furnishing promptly: If you are not in direct contract with the owner, file a Notice of Furnishing with the county recorder within 21 days of first furnishing. Serve a copy on the property owner and GC by certified mail (O.R.C. §1311.05).
- 3
Document your work: Maintain detailed records of all labor performed and materials furnished, including dates of first and last furnishing. Your lien filing deadline runs from your last day of furnishing.
- 4
Prepare the Mechanic's Lien Affidavit: Prepare a sworn affidavit (O.R.C. §1311.06) including: (a) the amount owed; (b) a description of work performed; (c) the name of the owner; (d) the name of the party who hired you; and (e) a description of the property.
- 5
File the lien with the county recorder: File the sworn Mechanic's Lien Affidavit with the county recorder in the county where the property is located within 75 days of last furnishing (60 days for 1-2 family owner-occupied residential).
- 6
Serve a copy on the owner and GC: Promptly after filing, serve a copy of the recorded lien on the property owner and general contractor.
- 7
Enforce within 6 years (or 60 days if demand served): File suit in the Common Pleas Court within 6 years. If any party serves a written demand to commence suit (O.R.C. §1311.13), you must file within 60 days or the lien is discharged.
Topics on This Page
Ohio Mechanic Lien Law: Key Topics
Navigate the critical compliance areas for Ohio construction mechanic lien law.
Notice Requirements
Notice of Commencement, Notice of Furnishing deadlines, and public works notice rules under Ohio law
Mechanic Lien Deadlines
Project-type-specific mechanic lien filing deadlines (60, 75, or 120 days), owner service requirements, and filing procedures under Ohio Rev. Code §1311
Mechanic Lien Enforcement Deadlines
60-day and 6-year suit deadlines, public funds mechanic lien enforcement, payment bond claim suits, and litigation timelines
Frequently Asked Questions
What statute governs mechanics' mechanic liens in Ohio?
Private works mechanics' mechanic lien rights are governed by Ohio Rev. Code Ann. §1311.01-.22. Public funds mechanic liens fall under §1311.25-.32. Payment bond claims on public projects are under §5525.15 and §153.54-.57.
What is the Notice of Furnishing in Ohio?
Subcontractors and materialmen must serve a Notice of Furnishing upon the owner and contractor within 21 days of commencing work or furnishing materials. No mechanic lien rights exist for work done more than 21 days before the notice was served. Laborers are exempt.
What is the deadline to file a mechanics' mechanic lien in Ohio?
It depends on project type: 60 days for 1-2 family dwellings/condos, 75 days for general construction, 120 days for gas/oil wells and pipelines, and 40 days for railroads.
How long do I have to enforce an Ohio mechanics' mechanic lien?
If a demand to commence suit is served, you must file within 60 days. Without a demand, the maximum deadline is 6 years after filing the mechanic lien.
What are Ohio's prompt pay provisions?
Contractors must pay subcontractors within 10 days of receipt of payment. 18% annual interest accrues after the 10th day, and attorney's fees accrue after 30 days. Effective for contracts after April 10, 1991. Ohio Rev. Code §4113.61.
Can I file a mechanic lien on a public project in Ohio?
No. Mechanics' mechanic liens cannot be filed on public property. Payment rights are pursued through a Mechanic Lien on Public Funds (§1311.25-.32) or payment bond claims (§153.54-.57, §5525.15).