Ohio Law Time Lines: Mechanics' Lien

At the beginning of the construction project, the owner should record a Notice of Commencement, which is a document that compiles all necessary information for subcontractors and materialmen to rely upon to assert their lien rights.

The Notice of Commencement is to be recorded in the county where the project is located, posted at the construction site, and served on the original contractor.

Subcontractors and materialmen should request a copy of the Notice of Commencement from the owner. The owner has 10 days to provide the Notice.

Notice of Commencement

Oh. Rev. Code Sec. 1311.04

If a Notice of Commencement is filed, then the subcontractor or materialman should file a Notice of Furnishing on the owner within 21 days of the first day of labor or materials furnished on the project.

If a Notice of Commencement is not filed, subcontractors and materialmen have no obligation to file a Notice of Furnishing in order to preserve their lien righs.

Notice of Furnishing

Oh. Rev. Code Sec. 1311.05

If a subcontractor or materialman has not been paid, s/he can file a mechanics' lien. 

On commercial projects, a claimant has 75 days from the last day materials or labor was provided. For a residential project, a claimant only has 60 days.

The "last day of work" is established on a case by case basis. It generally occurs when the claimant completes the work required under the contract. Completion of punch list work may qualify as "last day of work" , but warranty work will not. A materialman's last day of work is when the materials were delivered to the project. 

The Affidavit of Mechanics' Lien must be filed at the county recorder's office where the project was located. It must also be served on the owner within 30 days of filing. If the owner cannot be found, a copy of the lien must be posted conspicuously on the project site within 10 days of failure of service.

Oh. Rev. Code Sec. 1311.06

Oh Rev. Code Sec. 1311.07

After receiving an Affidavit of Mechanics' Lien, the owner may, at any time, serve a Notice to Commence Suit on the lienholder. This Notice states that the lienholder must sue to enforce his lien within 60 days, or lose his lien. 

The owner or other qualified party must file this notice with the county recorder within 30 days of serving the lienholder.

Notice to Commence Suit

If the owner files a Notice to Commence Suit, the subcontractor or materialman has 60 to file suit  to foreclose on his lien.

If the the owner does not file a Notice to Commence Suit, the Mechanics' Lien expires after 6 years.