Watch: Liens Made Easy
Ohio's notice and lien process can be hard to navigate. When you have a lot of other things to get done on a construction project, you don't want to be spending time and money figuring out how to file a mechanics lien. LienItNow.com provides the construction industry online mechanics lien forms to help contractors, sub-contractors, and material suppliers obtain a security interest in the property owner's land, and secure the payment they've worked for.
In three simple steps, anyone doing construction work in Ohio can complete a prelien notice or lien in only 10 quick minutes. Once a time-consuming process for construction companies, LienItNow.com makes filing your lien claims faster and easier than ever. LienItNow.com can also help you create bond claims, prelien notices and lien releases.
LienItNow's services and products are not a substitute for the advice of an attorney. While our site is based on lower cost through the power of "do it yourself", if you need help specific to your issue, you can take a look at our Attorneys Connections page to find a lawyer who can provide the assist.
Ohio liens filed on private property or on funds relating to a public project are known as Ohio mechanic's liens. If an Ohio mechanics lien is filed with regard to work performed on privately owned property, it attaches to and encumbers the fee simple ownership of property, using that property as collateral for the overdue payment. If an Ohio mechanics lien is filed with regard to work performed on a public or government owned property, that lien instead secures the amount due the lienor by attaching to the fund of money which the public agency has allocated for a project. The reason for this is that in Ohio you cannot force the sale of publicly owned land (public agencies mean any county, city, town, township, public commission, public board or other municipality authorized by law to make contracts for the making of any public improvement in any city, town, township or other municipality).
More specifically, according to the Ohio lien law, those who fall into the following categories can file a property lien in Ohio:
(a) performs work or labor upon or furnishes material in furtherance of any improvement undertaken by virtue of an express or implied contract with the owner, part owner, or lessee; and
(b) any subcontractor, laborer, or material supplier that performs any labor or work or furnishes any material to an original contractor or any subcontractor in carrying forward any improvement.
Additionally, most material suppliers may file a lien on a construction project as long as the materials were supplied and intended to be used on the project, or were actually used on the project (including tools). If materials were specially fabricated for the project, but not delivered and not re-salable, then the supplier has a right to lien the project.
In Ohio, subcontractors, including those who contract with or supply to direct subcontractors, should file a Notice of Furnishing within 21 days after their first work in order to preserve their Ohio construction lien rights. The same is true whether the project is a private project, residential project or a public improvement.
Note that an Ohio notice of furnishing should be served on the person or company designated in the Ohio Notice of Commencement, if one is filed by the owner, as well as with any contractors that have a contract with the party giving notice, as well as anyone in that party's contractual chain.
If a Notice of Furnishing is not sent within 21 days after the first work or materials is provided, the Ohio mechanics' lien may be limited to the the amount owed in the 21 days prior to the sending of the notice and thereafter.
An Ohio mechanics' liens on private property is perfected by the filing of an affidavit for lien, which must be filed within 75 days from the date on which the last work was performed. A copy of the affidavit must be served on the owner within 30 days after the filing.
Ohio mechanics' liens with regard to public projects must be filed within 120 days of the last labor, work or materials are furnished.
Ohio mechanics' liens with regard to residential property should be filed within 60 days of furnishing of the last labor, work or materials.