How to File a Mechanic's Lien in Union County, Ohio
A practical guide for contractors, subcontractors, material suppliers, and construction professionals seeking payment protection in Union County, Ohio.
What Is a Mechanic's Lien?
A mechanic's lien is one of the strongest tools available under Ohio law for securing payment for labor, materials, equipment, or services provided to improve real property.
When properly filed, a mechanic's lien creates a legal claim against the property where the work was performed. This can place significant pressure on owners, lenders, and developers to resolve payment disputes because the lien may affect the property's title and ability to be sold or refinanced.
Because Ohio mechanic's lien laws contain strict deadlines and technical requirements, mistakes can result in the loss of lien rights.
Who Can File a Mechanic's Lien?
Ohio law generally allows the following parties to assert mechanic's lien rights:
- General contractors
- Subcontractors
- Material suppliers
- Equipment lessors in certain circumstances
- Laborers and construction professionals
Eligibility depends upon the specific facts of the project and the relationship between the parties.
Step 1: Determine Whether a Notice of Furnishing Is Required
For many commercial construction projects in Ohio, subcontractors and suppliers must serve a Notice of Furnishing in order to preserve mechanic's lien rights.
The Notice of Furnishing generally informs the property owner and contractor that you are providing labor or materials to the project and intend to preserve your statutory rights.
Failure to timely serve a required Notice of Furnishing can significantly impair lien rights, particularly on commercial projects.
Step 2: Identify the Filing Deadline
Ohio mechanic's liens are subject to strict filing deadlines that vary depending upon the type of project.
- Residential projects: Generally 60 days after the last work or delivery.
- Commercial projects: Generally 75 days after the last work or delivery.
- Oil and gas projects: Generally 120 days after the last work or delivery.
Calculating the filing deadline incorrectly is one of the most common reasons mechanic's liens fail. When in doubt, file early rather than risk losing your rights.
Step 3: Prepare the Affidavit for Mechanic's Lien
The mechanic's lien is typically created through an Affidavit for Mechanic's Lien that includes:
- The name of the property owner
- The name of the claimant
- A legal description or sufficient description of the property
- The amount claimed to be due
- The first and last dates labor or materials were provided
Accuracy is critical. Errors in ownership information, property descriptions, or project details can create challenges when enforcing the lien.
Step 4: File the Lien with the Union County Recorder
The completed affidavit must be filed with the Union County Recorder's Office before the applicable deadline expires.
The Recorder maintains the official public records affecting real property within Union County. Once recorded, the lien becomes part of the property's title record.
Before filing, confirm all recording requirements, fees, and document formatting requirements with the recorder's office.
Step 5: Serve Required Parties
After recording the lien, Ohio law requires compliance with statutory service requirements. Proper service helps ensure that owners and other interested parties receive notice of the claim.
Failure to properly serve the lien can create enforcement issues later in the process.
Step 6: Enforce the Lien if Necessary
Recording the lien does not automatically result in payment. If the dispute remains unresolved, a foreclosure action may be necessary.
Mechanic's liens are subject to additional deadlines for enforcement. Missing those deadlines may cause the lien to expire even if it was properly filed initially.
Many payment disputes are resolved before litigation once a valid lien has been recorded, but contractors should remain mindful of all enforcement deadlines.
Common Mechanic's Lien Mistakes
- Missing filing deadlines
- Incorrect property descriptions
- Improper calculation of the amount claimed
- Failure to serve a required Notice of Furnishing
- Naming the wrong property owner
- Missing foreclosure deadlines
Because Ohio mechanic's lien law is highly technical, early legal review can often prevent costly mistakes.
Need Help Filing a Mechanic's Lien in Union County?
If you are a contractor, subcontractor, supplier, or construction professional who has not been paid for work performed in Union County, Ohio, prompt action is important.
Attorney Nicolas C. Oehler assists construction professionals with mechanic's liens, payment disputes, construction contracts, bond claims, and lien foreclosure actions throughout Union County and Central Ohio.