Nicolas C. Oehler
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Understanding Ohio Mechanic’s Liens: A Practical Guide for Contractors and Homeowners
Mechanic’s liens play an important role in Ohio’s construction industry, protecting the right to payment for contractors while ensuring transparency and fairness for property owners. Whether you are a general contractor, subcontractor, supplier, or a homeowner undertaking a renovation or new build, understanding how Ohio mechanic’s liens work can prevent costly disputes and protect your financial interests. This article provides a clear overview of Ohio’s mechanic’s lien laws, common pitfalls, and best practices for both sides of a construction project.
What Is a Mechanic’s Lien? A mechanic’s lien is a legal claim placed against real property to secure payment for labor, materials, or services provided in improving that property. In Ohio, mechanic’s liens are governed primarily by Ohio Revised Code Chapter 1311, which outlines who may file a lien, what deadlines apply, and what steps must be taken to preserve lien rights.
The purpose is simple: For contractors, the lien creates a powerful tool to ensure they are compensated for their work. For homeowners, the lien system encourages transparency and gives them the opportunity to verify that all subcontractors and suppliers on the project have been paid.
Who Can File a Mechanic’s Lien in Ohio? Ohio law allows the following parties to file a mechanic’s lien:
General contractors
Subcontractors
Material suppliers
Laborers
Design professionals (architects, engineers, surveyors)
Importantly, lien rights extend even to subcontractors and suppliers who never contracted directly with the property owner. This is why payment documentation and communication are so important in residential projects.
The Notice of Furnishing: A Critical Step for Subcontractors
Ohio has a procedure step for subcontractors and suppliers on commercial and residential projects to serve a Notice of Furnishing to preserve lien rights. This notice must be sent within 21 days after first providing labor or materials to the project.
Failing to provide the Notice of Furnishing may completely eliminate the right to file a mechanic’s lien unless the property owner failed to provide a Notice of Commencement.
For contractors: Serving the Notice of Furnishing early helps secure your right to payment.
For homeowners: Receiving a Notice of Furnishing is normal and not a sign of trouble—it simply means someone supplying labor or materials wants to protect their rights.
Deadlines for Filing Mechanic’s Liens in Ohio
Lien deadlines are strict, and missing one will almost always invalidate the lien.
Residential Projects: Liens must be filed within 60 days after the last date labor or materials were provided.
Commercial Projects: The deadline is 75 days after the last work or materials.
What Happens After Filing a Lien? Once a lien is filed with the county recorder, it becomes a public record and clouds the property title. For homeowners, this can affect refinancing or selling the home until the dispute is resolved.
Contractors must then enforce the lien through a lawsuit within 6 years of filing, unless the owner reduces that time by serving a notice to commence suit.
Most disputes, however, resolve long before litigation, often through negotiation or mediation once the lien brings all parties to the table.
Protecting Yourself as a Contractor
Mechanic’s liens are a powerful tool, but only if used correctly. Keep these best practices in mind:
1. Serve the Notice of Furnishing on time
This is the most common mistake Ohio subcontractors make. Missing this step often means losing lien rights.
2. Keep detailed project records
Invoices, delivery tickets, change orders, and daily logs help prove your work and defend your lien if challenged.
3. Watch the filing deadlines closely
Set internal reminders, many companies file early to avoid missing deadlines.
4. Use lien rights strategically, not aggressively
Filing a lien should be professional and factual. Often it’s simply the nudge needed to resolve slow or disputed payments.
Protecting Yourself as a Homeowner
Homeowners also have important rights and protections under Ohio law.
1. Request a copy of the Notice of Commencement
This document, typically prepared by the general contractor, identifies all potential lien claimants. Knowing who is on the project allows you to verify payments.
2. Use joint checks or lien waivers
Before making payments, ask for lien waivers from subcontractors and suppliers to ensure they’ve been paid and won’t later file liens.
3. Understand that liens can be removed
If a lien is invalid or inflated, homeowners can challenge it in court. You may also bond off the lien to clear title.
Disclaimer: This post is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Every situation is unique, and you should consult with qualified legal counsel before making decisions regarding your specific business or legal matter.
