What Is the Mechanic's Lien Law in Ohio?
Ohio's mechanic's lien law allows contractors, subcontractors, suppliers, laborers, and certain design professionals to obtain a security interest in real property when they are not paid for labor, materials, or services furnished to improve that property.
What Is a Mechanic's Lien?
A mechanic's lien is a legal claim against real estate that secures payment for work performed or materials supplied to a construction project. Ohio's mechanic's lien statutes are found primarily in Ohio Revised Code Chapter 1311.
When properly filed, a mechanic's lien can attach to the owner's interest in the property and may ultimately be enforced through a lien foreclosure action if payment is not made.
The purpose of Ohio's mechanic's lien law is to protect those who contribute labor, materials, or services that increase the value of real property.
Who Can File a Mechanic's Lien in Ohio?
Ohio law grants lien rights to a variety of construction participants, including:
- General contractors
- Subcontractors
- Material suppliers
- Laborers
- Equipment lessors in certain circumstances
- Architects, engineers, and surveyors under qualifying conditions
Eligibility depends on the claimant's role in the project and compliance with statutory requirements.
How Does an Ohio Mechanic's Lien Work?
A mechanic's lien is generally created by recording an Affidavit for Mechanic's Lien with the county recorder where the property is located. The affidavit must contain specific information required by Ohio Revised Code § 1311.06.
Once filed, the lien serves as a public notice that the claimant asserts a right to payment arising from improvements made to the property.
If payment is not received, the claimant may seek to enforce the lien through a foreclosure action filed in court.
What Are the Filing Deadlines?
Ohio mechanic's liens are subject to strict filing deadlines. Under Ohio Revised Code § 1311.06(B):
- Residential projects: 60 days after the last date labor or materials were furnished.
- Commercial projects: 75 days after the last date labor or materials were furnished.
- Oil and gas well projects: 120 days after the last date labor or materials were furnished.
Missing the filing deadline can result in the loss of lien rights.
What Is a Notice of Furnishing?
On many commercial projects, subcontractors and suppliers may be required to serve a Notice of Furnishing in order to preserve their lien rights.
A Notice of Furnishing is a statutory notice provided to the property owner, original contractor, and designated recipients that informs them the sender is providing labor or materials to the project.
Failure to properly serve a required Notice of Furnishing can significantly affect lien rights.
How Long Does a Mechanic's Lien Last?
Filing a lien is only the first step. Under Ohio Revised Code § 1311.13, a lien claimant generally must commence a foreclosure action within six years after the debt secured by the lien becomes due.
If the lien is not timely enforced, the claimant may lose the ability to foreclose on the lien.
What Happens If the Property Is Sold?
A properly recorded mechanic's lien generally remains attached to the property despite a subsequent transfer of ownership. Because liens become part of the public record, they frequently must be addressed before a sale, refinancing, or title transfer can occur.
This leverage is one reason mechanic's liens are often an effective collection tool for construction professionals.
Why Is Ohio's Mechanic's Lien Law Important?
Construction projects often involve multiple parties, substantial labor costs, and significant material expenses. Ohio's mechanic's lien law provides contractors and suppliers with a powerful remedy when payment disputes arise.
Because mechanic's liens are entirely statutory, strict compliance with filing requirements, notice provisions, and deadlines is essential.
Need Help With an Ohio Mechanic's Lien?
Whether you are seeking to file a mechanic's lien, respond to a lien claim, preserve lien rights, or foreclose a lien, legal guidance can help protect your interests.
Attorney Nicolas C. Oehler represents contractors, subcontractors, suppliers, and property owners in mechanic's lien matters, payment disputes, bond claims, and construction litigation throughout Ohio.