When Can I File a Mechanic's Lien if I'm Not Paid?
If you have not been paid for labor, materials, or services provided to an Ohio construction project, you may be able to file a mechanic's lien. However, a mechanic's lien cannot be filed at just any time. Ohio law establishes specific requirements and deadlines that must be followed.
Can I File a Lien Immediately After Nonpayment?
Generally, yes. Ohio law does not require a contractor or subcontractor to wait a certain number of days after an invoice becomes overdue before filing a mechanic's lien.
If payment is due and remains unpaid, a claimant with valid lien rights may file an Affidavit for Mechanic's Lien, provided all statutory requirements have been satisfied.
In practice, many contractors first attempt to resolve the dispute through communication, demand letters, or negotiation before filing a lien. However, waiting too long can jeopardize lien rights if statutory deadlines expire.
Do I Have to Finish the Project Before Filing?
Not necessarily. Ohio's mechanic's lien law does not always require complete project completion before a lien may be filed.
If a contractor, subcontractor, or supplier has furnished labor or materials for which payment is due and has not been received, lien rights may arise even if other work remains to be completed under the contract.
The specific circumstances of the project and contract can affect the analysis, particularly where payment applications, retainage, or milestone payments are involved.
What Are the Filing Deadlines?
Although Ohio law may permit a lien to be filed soon after nonpayment occurs, the lien must still be filed before the statutory deadline expires.
Under Ohio Revised Code § 1311.06(B):
- Residential projects: 60 days from the last date labor or materials were furnished.
- Commercial projects: 75 days from the last date labor or materials were furnished.
- Oil and gas well projects: 120 days from the last date labor or materials were furnished.
Missing these deadlines can result in the complete loss of mechanic's lien rights.
Do Subcontractors Need to Take Additional Steps?
Often, yes. On many commercial projects, subcontractors and suppliers must serve a Notice of Furnishing in order to preserve mechanic's lien rights.
Failure to comply with notice requirements can affect a claimant's ability to later assert a valid lien, even if payment remains unpaid.
Contractors should review notice requirements early in the project rather than after a payment dispute develops.
What If the Owner Disputes the Amount Owed?
A payment dispute does not automatically prevent a mechanic's lien from being filed.
Mechanic's liens are frequently used when parties disagree about payment, change orders, delays, workmanship, contract interpretation, or project completion.
Whether a lien is ultimately enforceable depends on the facts of the dispute and compliance with Ohio's lien statutes.
Why Do Contractors File Liens?
A mechanic's lien creates a security interest against the improved property. Because the lien becomes part of the public record, it can affect future sales, refinancing, and title transfers.
As a result, filing a lien often encourages payment discussions that may not occur through ordinary collection efforts alone.
For many construction businesses, a mechanic's lien is one of the most effective legal tools available to secure payment.
Need Help Protecting Your Lien Rights?
If you have not been paid for construction work performed in Ohio, it is important to evaluate your lien rights before statutory deadlines expire.
Attorney Nicolas C. Oehler assists contractors, subcontractors, suppliers, and construction professionals with mechanic's liens, payment disputes, bond claims, construction contracts, and lien foreclosure actions throughout Ohio.