How Long Do I Have to File a Mechanic's Lien?

The deadline to file a mechanic's lien in Ohio depends on the type of project. For many private commercial projects, a lien affidavit must be recorded within 75 days after the claimant's last work or last furnishing of materials. For many residential projects, the deadline is 60 days. Certain oil and gas projects have a 120-day deadline. See Ohio Revised Code § 1311.06.

The filing period is generally measured from the date the claimant last performed labor or last supplied materials to the project. Determining that date can be important because an untimely lien may be invalid.

In addition to filing the lien affidavit, Ohio law imposes other requirements, including service and notice obligations that may apply depending on the circumstances. Missing a statutory deadline can result in the loss of mechanic's lien rights.

Because lien deadlines vary based on the nature of the project and the claimant's role, contractors, subcontractors, suppliers, and property owners should carefully review Ohio's mechanic's lien statutes and act promptly when a payment dispute arises.

Can I File a Lien Without a Signed Contract?

Possibly. In Ohio, mechanic's lien rights generally arise from furnishing labor, work, services, equipment, or materials that improve real property—not necessarily from having a signed written contract. See Ohio Revised Code § 1311.02.

Many construction projects proceed based on oral agreements, purchase orders, invoices, emails, text messages, or other evidence showing that work was authorized and performed. If you can establish that you provided labor or materials for the improvement of the property and remain unpaid, you may still have mechanic's lien rights even without a signed contract.

However, the absence of a written agreement can make disputes more complicated. Questions may arise regarding the scope of work, pricing, change orders, payment terms, or whether the work was authorized. As a result, documentation such as invoices, correspondence, delivery records, photographs, and payment records can become important evidence. That means, a contractor should have a written contract that complies with the HCSSA, CSPA, and HSSA.

Even if no written contract exists, Ohio's mechanic's lien statutes still require compliance with applicable notice, filing, and deadline requirements. Failure to satisfy those statutory requirements may result in the loss of lien rights regardless of the underlying agreement.

What Is a Notice of Furnishing?

A Notice of Furnishing is a document that certain subcontractors and material suppliers must serve on the property owner and original contractor to preserve their mechanic's lien rights on many private construction projects in Ohio. The notice informs the owner and contractor that the sender is providing labor, services, equipment, or materials to the project.

Ohio's Notice of Furnishing requirements are found in Ohio Revised Code § 1311.05. Generally, a subcontractor or supplier that fails to timely serve a required Notice of Furnishing may lose some or all of its mechanic's lien rights.

The Notice of Furnishing identifies the subcontractors and suppliers working on a project. Its purpose is to notify the property owner of the companies providing labor or materials and to preserve the sender's right to file a mechanic's lien if payment is not made.

Because mechanic's lien rights are created by statute, Ohio courts generally require strict compliance with notice and filing requirements. Contractors, subcontractors, and suppliers should carefully review Ohio's mechanic's lien statutes to ensure their rights are protected.