Ohio Mechanic Lien Enforcement Deadlines

Private Works — 60-Day Demand Response / 6-Year Maximum

Under Ohio law, the owner, contractor, or any interested party may serve a notice demanding that the mechanic lien holder commence suit. The mechanic lien holder must then file suit within 60 days of service of this notice to commence suit.

If no demand to commence suit is served, the mechanic lien holder has a maximum of 6 years after filing of the mechanic lien to bring suit. However, it is strongly recommended to enforce the mechanic lien promptly rather than relying on the extended deadline.

Public Funds Mechanic Lien — Demand to Commence Suit (§1311.25-.32)

On public works mechanic lien on public funds claims, the public authority, contractor, or subcontractor receiving a copy of the mechanic lien affidavit may demand that the mechanic lien holder commence suit.

Suit must be filed within 60 days of service of the notice to commence suit. This is the same demand-response mechanism used for private works mechanic liens.

Payment Bond Claims — Suit Deadline (§153.54-.57 & §5525.15)

For payment bond claims on public projects, the claimant must first serve notice upon the surety within 90 days after acceptance of the project by the public authority.

Suit may not be filed earlier than 60 days after notice to the surety but must be filed no later than 1 year after acceptance of the project by the public authority.

• Serve notice on surety within 90 days after project acceptance
• Suit not earlier than 60 days after notice to surety
• Suit no later than 1 year after project acceptance by public authority

Bond Terms May Vary

Not all public works projects require payment bonds. The terms of a payment bond not required by statute may vary from the statutory terms. The terms of payment bonds furnished by subcontractors on public projects may also differ.

Always review the specific terms of the bond to determine the applicable notice and suit deadlines. The statutory deadlines serve as a baseline, but bond-specific terms may impose different requirements.

Prompt Pay as Enforcement Tool

Ohio's prompt pay provisions under §4113.61 provide an additional enforcement mechanism. Contractors must pay within 10 days of receiving payment, with 18% per annum interest accruing after the 10th day and reasonable attorney's fees and costs after 30 days.

These provisions apply to all contracts entered into after April 10, 1991, and create automatic financial penalties for late payment independent of the mechanic lien enforcement process.