OH · Mechanics Lien Law
Ohio Mechanics Lien Law: Deadlines, Notices & Filing Guide
Ohio mechanics liens must be recorded within 75 days of last furnishing under Ohio Rev. Code § 1311.06, and public bond claims follow § 1311.26. The interplay between the Notice of Commencement and the 21-day Notice of Furnishing makes early diligence essential for sub-tier claimants.
Ohio mechanics lien deadlines at a glance
When a Notice of Commencement has been filed for the project, sub-tier claimants must serve a Notice of Furnishing on both the owner and the prime contractor within 21 days of first furnishing to protect lien rights for work performed before that notice is sent. If no Notice of Commencement was filed, this notice obligation does not apply at all.
An Ohio mechanics lien affidavit must be recorded within 75 days of last furnishing labor or materials on commercial property, as set by Ohio Rev. Code § 1311.06. This is a firm cutoff measured strictly from the claimant's own last day of work or delivery.
A recorded Ohio lien remains valid for six years, during which the claimant must commence enforcement, unless the owner serves a Notice to Commence Suit, which compresses the deadline to just 60 days.
On Ohio public improvements, a claimant must serve an itemized statement of claim on the prime contractor and surety within 90 days of last furnishing, and may additionally file a sworn affidavit with the public authority within 120 days of last furnishing labor or materials.
Primary statute
Ohio Rev. Code § 1311.06 · Ohio Rev. Code § 1311.26
Who can file a mechanics lien in Ohio?
Ohio law allows contractors, subcontractors, sub-subcontractors, material suppliers, and qualifying design professionals to record a lien for labor, materials, or services furnished to an improvement.
Overview of Ohio lien practice
Ohio's lien statute rewards claimants who investigate the project's paperwork before their first day on site. If a Notice of Commencement has been filed, sub-tier claimants face a 21-day window from first furnishing to serve their own Notice of Furnishing on the owner and prime contractor; missing it does not destroy the lien but limits recovery to work performed after the notice goes out. The core recording deadline remains 75 days after last furnishing under Ohio Rev. Code § 1311.06, and once recorded, a copy of the lien must be served on the owner within 30 days under § 1311.07. Enforcement can wait as long as six years unless the owner accelerates matters with a Notice to Commence Suit, which compresses the window to a mere 60 days — a trap for claimants who assume they have years to act. Public project claimants operate on a separate but similarly tight 90-day itemized statement deadline, with a 120-day window to file a sworn affidavit. As in every state, recording against the correct owner of record and in the proper county remains foundational, and federal property is not subject to lien.
Common pitfalls on Ohio projects
Missing the 21-day Notice of Furnishing
When a Notice of Commencement has been filed, failing to serve a timely Notice of Furnishing limits the lien to amounts furnished after that notice is served.
Assuming notice is always required
The Notice of Furnishing obligation only applies if a Notice of Commencement was actually filed for the project.
Forgetting to serve the recorded lien
A copy of the recorded lien must be served on the owner within 30 days of recording under § 1311.07.
Underestimating a Notice to Commence Suit
If the owner serves a Notice to Commence Suit, the claimant must file suit within 60 days or the lien is extinguished, even though the lien would otherwise last six years.
Ohio mechanics lien FAQs
When must a mechanics lien be recorded in Ohio?
On commercial property, the lien affidavit must be recorded within 75 days of last furnishing labor or materials, under Ohio Rev. Code § 1311.06.
Is preliminary notice required in Ohio?
When a Notice of Commencement has been filed, sub-tier claimants must serve a Notice of Furnishing on the owner and prime contractor within 21 days of first furnishing to preserve rights for work performed before the notice.
How long do I have to enforce a lien in Ohio?
The lien continues for six years after recording unless the owner serves a Notice to Commence Suit, which shortens the enforcement deadline to 60 days.
What about Ohio public projects?
A claimant must serve an itemized statement of claim on the prime contractor and surety within 90 days of last furnishing, and may file a sworn affidavit with the public authority within 120 days.
Filing a Ohio mechanics lien or bond claim?
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This page is general information and not legal advice. Statutes change — verify against the official text linked above.