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General Contractors / Design Professionals (if your contract is with the owner): File your Ohio lien within 60 days of your last furnishing of labor and materials. As to oil or gas projects, it is 120 days. As to commercial projects, it is 75 days.
Subcontractors/Suppliers (if your contract is with the prime or another sub): As stated above, file your Ohio lien within 60 days of your last furnishing of labor and materials. As to oil or gas projects, it is 120 days. As to commercial projects, it is 75 days.
Who Can File? A mechanic’s lien in Ohio is allowed for General contractors, subcontractors, material suppliers, renters of equipment, architects, engineers, and land surveyors.
Where to File? Clerk of the Court (in county where work / material furnished).
How Long Does it Stay on Record? A mechanics lien in Ohio stays in the records 6 years after recording the lien or within 60 days after a demand to file a lawsuit to foreclose. A lawsuit to foreclose the lien is then required. We have templates for this purpose.
Let Us Help: If you prefer, for the same price, we will instruct you how to fill-out the Ohio mechanic’s lien form line by line, answer questions, and give a general idea of the chances for success in enforcing the lien. (800-995-9434).
Mechanics Lien for Ohio Law Summary: For a more detailed discussion of Ohio mechanics liens.
HOW TO FILE A OHIO MECHANIC’S LIEN
Step 1. Fill-out and Print
Complete the PDF “fillable” mechanic’s lien template. It automatically captures data and prints the lien in final form. Bonus feature: Keep on your desktop: it is re-usable for other non-paying jobs.
Amount of Ohio mechanic’s lien: All work/material furnished under your verbal or written agreement plus change orders actually performed, whether signed or not. Finance charges are allowed only if included in your agreement or purchase order signed by the other party (owner or general). If not, you still get pre-judgment interest. But do not include specific finance charges or interest in the amount of your lien; instead express it as a possible add-on at trial. Example: “Mechanic’s lien for the principal amount of $10,550, plus finance charges / pre-judgment interest as allowed by law”. This will be awarded later if you are the prevailing party in the Ohio lien foreclosure suit.
Do not reduce for freebies or discounts, as they were contingent on being paid. With non-payment, it is no longer legal consideration for a contract modification in which the owner receives a reduced price. Example: In a kitchen remodel, for good customer relations you supplied some extras free: a) a 48 bottle built-in wine cellar and b) painted the adjoining dining room with a coat of base and semi-gloss. Then you never got paid the last installment on the contract. If you supplied labor only, your Ohio lien will add in the hourly rate under the contract. If labor and material, use cost-plus or T & M amounts in the lien.
It is best not to include: A mechanics lien in Ohio should not include in the form: court costs and attorneys’ fees (included later if you win at trial for breach of contract); lost profits if wrongfully terminated from the job; delay or impact damages; lost time or business the interruption; or anything else not constituting actual labor and materials improving the property.
Watch out. Adding unauthorized amounts can invalidate a Ohio mechanics lien. Call us if you have any questions.
Step 2. Sign and Notarize
It can be signed by any person who has knowledge of the general services rendered and the costs incurred. It does not have to be someone in the field—in other words, it can be by office personnel. For example, this could be a manager, bookkeeper, controller, job foreman, project manager, owner, co-owner, or partner. All recorded documents must be notarized.
Step 3. Look-up Recorder’s Office
Filing a mechanics lien in Ohio is at the county level, not state or city. See “Where?” above for the name of your State’s recorder. If you are not sure, do a Google search for the county in which the project is located. Example: “[Name] County Clerk Recorder Register of Deeds”. Call to verify the fee and recorder’s address. Give them the city where the work was done–sometimes it is filed in different branch offices. If you don’t know the county, Google the city—even small towns have a Wikipedia listing describing the county. Use the cover letter provided. Send the original and one copy with a stamped self-addressed return envelope.
Legal description required? Most counties don’t require it, but if they do, we will look it up for free with any purchase.
Step 4. Mail
Regular mail to the recorder is sufficient. Overnight if close to the filing deadline. If a general contractor, serve the Ohio mechanics lien on the owner with a copy certified mail. If a sub or supplier, serve the owner and general with a copy certified mail. Fill-out and staple as the last page the Proof of Service (it shows proof of mailing to the owner and/or general contractor).
Call us if you have any questions about a mechanics lien in Ohio—we’ll walk you through it. (800) 995-9434; (925) 899-8449.