1 or 2 Family Dwellings / Residential Condo Units — 60-Day Deadline
For 1 or 2 family dwellings or residential condominium units, the mechanic lien must be filed within 60 days of the claimant's last work on the project.
After filing, a copy of the mechanic lien must be served upon the owner within 30 days of filing. Note: A mechanic lien is not available for home construction or home purchase contracts if the owner or purchaser has paid the prime contractor in full before receiving notice of the mechanic lien.
All Other Construction — 75-Day Deadline
For all other construction projects (commercial, industrial, institutional, and other non-residential work), the mechanic lien must be filed within 75 days of the claimant's last work on the project.
After filing, a copy of the mechanic lien must be served upon the owner within 30 days of filing.
Gas and Oil Wells, Derricks & Pipelines — 120-Day Deadline
For gas and oil wells, derricks, and pipelines, the mechanic lien must be filed within 120 days of the claimant's last work on the project.
After filing, a copy must be served upon the owner and the purchaser or pipeline carrier within 30 days of filing.
Railroads — 40-Day Deadline
For railroad construction, the mechanic lien must be filed within 40 days of the claimant's last work on the project.
After filing, a copy must be served upon the owner within 10 days of filing. A special affidavit is required for railroad mechanic liens. The standard Notice of Commencement and Notice of Furnishing requirements are not applicable to railroad projects.
Registered Land (Torrens System)
For land registered pursuant to the Torrens System, the owner must be served within 10 days of filing the mechanic lien affidavit. Proof of service must be filed within 30 days of service.
These additional procedural requirements apply in addition to the standard filing deadlines for the applicable project type.
Public Funds Mechanic Lien — 120-Day Deadline (§1311.25-.32)
On public works projects, the claimant must serve the public authority within 120 days of last labor, work, or furnishing of material. The filing must include the original public funds mechanic lien affidavit, a copy of the Notice of Furnishing, and an affidavit stating the date the Notice of Furnishing was served on the contractor.
A copy of the mechanic lien affidavit must be recorded with the county recorder within 30 days after filing with the public authority. Second-tier or lower-tier parties must serve a copy of the mechanic lien affidavit and Notice of Furnishing on the contractor and all higher-tier subcontractors and materialmen within 20 days after filing.
Public Projects — No Mechanic Lien on Property
Mechanics' mechanic liens cannot be filed against public property in Ohio. On public construction projects, unpaid subcontractors, materialmen, and laborers must pursue payment through a Mechanic Lien on Public Funds under §1311.25-.32 or a payment bond claim under §153.54-.57 and §5525.15.
Frequently Asked Questions
What is the deadline to file a mechanics' mechanic lien in Ohio?
It depends on the project type: 60 days for 1-2 family dwellings/condos, 75 days for all other construction, 120 days for gas/oil wells and pipelines, and 40 days for railroads. All deadlines are measured from last work.
Do I need to serve the mechanic lien on the owner after filing?
Yes. For most project types, you must serve a copy on the owner within 30 days of filing. For railroads, service must be within 10 days. For Torrens land, service must be within 10 days with proof filed within 30 days.
What is the public funds mechanic lien deadline in Ohio?
The claimant must serve the public authority within 120 days of last labor, work, or furnishing. The filing must include the mechanic lien affidavit, Notice of Furnishing, and an affidavit of service date. A copy must be recorded with the county recorder within 30 days.
Can I file a mechanic lien if the owner already paid the contractor?
On home construction or home purchase contracts, a mechanic lien is not available if the owner or purchaser has paid the prime contractor in full before receiving notice of the mechanic lien.
Are there special rules for Torrens registered land in Ohio?
Yes. For Torrens registered land, the owner must be served within 10 days of filing the mechanic lien affidavit, and proof of service must be filed within 30 days of service.
Related Ohio Resources
Explore other 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 Enforcement Deadlines
60-day and 6-year suit deadlines, public funds mechanic lien enforcement, payment bond claim suits, and litigation timelines
Ohio Overview
Return to the main Ohio construction mechanic lien law page