How Long Does a Contractor Have to File a Lien in Ohio?
Ohio contractors have limited time to file a mechanic's lien after providing labor or materials to a construction project. Missing the deadline can result in the loss of valuable lien rights.
Ohio Lien Filing Deadlines
Ohio law establishes different filing deadlines depending on the type of project involved. Under Ohio Revised Code § 1311.06(B):
- Residential projects: A contractor generally has 60 days from the last date labor or materials were furnished to file a mechanic's lien.
- Commercial projects: A contractor generally has 75 days from the last date labor or materials were furnished to file a mechanic's lien.
- Oil and gas well projects: A contractor generally has 120 days from the last date labor or materials were furnished to file a mechanic's lien.
The lien is perfected by recording an Affidavit for Mechanic's Lien with the county recorder where the property is located.
When Does the Filing Deadline Begin?
The filing period generally starts on the last day the contractor furnished labor, work, services, machinery, material, or fuel to the project.
Determining the correct last date of work is often one of the most important issues in lien disputes. Contractors should be cautious about relying on minor return visits to extend the deadline.
Ohio courts have held that corrective work, warranty work, or insignificant punch-list work performed after substantial completion may not necessarily extend the lien filing period. As a result, contractors should avoid assuming that every return trip resets the filing clock.
What If the Contractor Misses the Deadline?
Ohio mechanic's lien statutes are generally strictly construed. If a contractor fails to record the Affidavit for Mechanic's Lien within the applicable statutory period, the contractor may lose the right to assert a lien against the property.
While other remedies such as breach of contract claims may still be available, the contractor may lose the powerful security interest provided by a mechanic's lien.
Where Must the Lien Be Filed?
A mechanic's lien must be filed with the county recorder in the county where the improved property is located. See Ohio Revised Code § 1311.06(A).
The affidavit generally must include:
- The amount claimed to be due
- A legal description or sufficient 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
Accuracy is important because defects in the affidavit can create issues when enforcing the lien.
Practical Advice for Ohio Contractors
Contractors should track their last date of work carefully and begin preparing lien paperwork well before the filing deadline approaches.
Waiting until the final days can create unnecessary risk, especially if questions arise regarding the property description, ownership information, or the actual last date labor or materials were furnished.
In most situations, filing early is the safest approach to protecting lien rights.
Need Help Filing an Ohio Mechanic's Lien?
If you are a contractor, subcontractor, supplier, or construction professional seeking payment on an Ohio construction project, prompt action may be necessary to preserve your lien rights.
Attorney Nicolas C. Oehler assists contractors and construction businesses throughout Ohio with mechanic's liens, payment disputes, bond claims, construction contracts, and lien foreclosure actions.