How Long Do You Have to File a Mechanic's Lien in Ohio?
Ohio mechanic's lien rights are subject to strict statutory deadlines. Missing the filing deadline can result in the complete loss of your lien rights.
Ohio Mechanic's Lien Filing Deadlines
Under Ohio Revised Code § 1311.06(B), the deadline to file a mechanic's lien depends on the type of project involved.
- Residential projects: 60 days from the date the claimant last furnished labor or materials.
- Commercial projects: 75 days from the date the claimant last furnished labor or materials.
- Oil and gas well projects: 120 days from the date the claimant last furnished labor or materials.
The lien is created by recording an Affidavit for Mechanic's Lien with the county recorder's office where the property is located.
Source: Ohio Revised Code § 1311.06(B).
When Does the Clock Start Running?
The filing period generally begins on the last date the contractor, subcontractor, supplier, or laborer provided labor, work, or materials to the project.
Determining the correct "last date of work" can sometimes be disputed. Warranty work, punch-list items, corrective work, and return visits may not always extend the filing deadline.
Because lien rights can be lost if the deadline is miscalculated, contractors should avoid waiting until the final days of the filing period.
What Happens if You Miss the Deadline?
Ohio courts generally require strict compliance with mechanic's lien statutes. If the Affidavit for Mechanic's Lien is not filed within the applicable statutory period, the claimant may lose the ability to assert a mechanic's lien against the property.
Although other contract remedies may still exist, the powerful security provided by a mechanic's lien may no longer be available.
Where Is the Mechanic's Lien Filed?
The Affidavit for Mechanic's Lien must be recorded with the county recorder in the county where the improved property is located. Ohio Revised Code § 1311.06(A).
The affidavit must contain specific information, including:
- The amount claimed to be due
- A description of the property
- The owner's name, if known
- The claimant's name and address
- The first and last dates labor or materials were furnished
Errors in the affidavit can create challenges when enforcing the lien, making careful preparation important.
Practical Tip: File Early
One of the most common mistakes contractors make is waiting until the filing deadline approaches. Determining the correct last date of work, gathering property information, and preparing the affidavit can take time.
Whenever possible, filing early helps protect lien rights and reduces the risk of a missed deadline.
Need Help With an Ohio Mechanic's Lien?
If you are a contractor, subcontractor, supplier, or construction professional seeking payment for work performed in Ohio, prompt action is important.
Attorney Nicolas C. Oehler assists construction industry clients with mechanic's liens, payment disputes, construction contracts, bond claims, and lien foreclosure matters throughout Ohio.