Our Guide to Preliens, Waivers, Mechanic’s Liens, and Bond Claims in Ohio
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This is an overview of the state’s statutory approach to lien law and what contractors might want to focus on to ensure lien rights are established timely, correctly, and effectively.
While we are happy to provide this guide as a quick reference, we highly encourage that you work with a construction attorney to help you with your particular circumstances in our complex construction lien law environment.
Ohio Quick Overview
| Pursuant code | OH Rev. Code Ann. §§ 1311.01 et seq. |
|---|---|
| Prelien required for private / commercial projects | Yes |
| Prelien required for public projects | Yes |
| OH statutory relief | Full Price |
| Lien milestone event | Last furnishing/last invoice |
| Lien enforcement deadline | 6 years |
| Waivable lien rights | No specific statutes |
| Supplier to supplier rights | Condiional, check statutes |
| Prelien document name(s) | Notice of Furnishing |
| Prelien minimum information | Claimant name and address, description of labor or materials furnished, party with whom the claimant contracted, and the project description sufficient for identification |
| Prelien minimum notifications | Owner, and General Contractor if materials or labor were supplied to a subcontractor |
| Prelien recording requirement | No |
| Prelien notarized | No |
Understanding the Prelien Process on Construction Projects in Ohio by Role
Ohio requires a Notice of Furnishing to be served within 21 days from first furnishing labor or materials if the property owner has filed a Notice of Commencement. The notice preserves lien rights prospectively from the date served unless it is timely. It is not required for claimants in direct privity with the owner.
Prime/ Original / General Contractors (GCs): Prime contractors in direct contract with the owner usually do not serve a Notice of Furnishing but should monitor Notice of Commencement filings.
Subcontractors/Trade Partners (Subs): Subcontractors should serve a Notice of Furnishing within 21 days of first furnishing when a Notice of Commencement exists.
Second-tier Subcontractors: Second-tier claimants should verify required recipients and preserve proof of service.
Lower-tier Subcontractors: Lower-tier parties should move quickly because late service only preserves prospective rights.
Material Suppliers: Suppliers should track first delivery dates and serve timely notice to maintain lien coverage.
Equipment Lessors: Lessors should document furnishing dates and serve notices when statutory triggers apply.
Second-tier Material Suppliers: Second-tier suppliers should confirm owner and GC contacts before serving notice.
Possible Exceptions, Special Circumstances, and Caveats in Ohio
Owner Occupied Residential: Shortened 60-day deadline to file lien applies for certain residential properties.
Residential: Shortened lien filing deadline of 60 days applies for certain dwelling and condominium properties.
Mechanic's Liens in Ohio
In Ohio, contractors, subcontractors, and suppliers have the right to file a mechanics lien on private projects if they are unpaid. Subcontractors and material suppliers must serve a Notice of Furnishing within 21 days of first furnishing labor or materials if a Notice of Commencement is recorded by the owner. A lien affidavit must be filed within 75 days (for commercial property), 60 days (for residential), or 120 days (for oil/gas well projects) after last furnishing. A copy must be served on the owner within 30 days of filing. Actions to foreclose a lien must be filed within 6 years of the filing date, unless a Notice to Commence Suit is served, shortening the timeframe to 60 days.
Bond Claims in Ohio
On public projects in Ohio, subcontractors and suppliers have bond claim rights when the project is bonded. To preserve the bond claim, subcontractors must typically serve a Notice of Furnishing within 21 days of first furnishing labor or materials if a Notice of Commencement has been filed. Bond claims must generally be filed within 60-90 days of last furnishing labor or materials, depending on contract terms, and suits to enforce bond claims must be initiated within the timeframe specified in the bond or within applicable statutory periods.
Construction Lien Waivers in Ohio
Required format: Ohio does not require any specific statutorily required verbiage to be valid but be sure to check with your constuction attorney and consult any relevant state statutes.
Required notarization: Ohio does not require waivers to be notarized.
Ohio statutes do not impose standardized waiver forms, but conditional and unconditional waivers are commonly used in practice. Lien rights cannot be waived in advance of furnishing labor or materials.
Learn more about waivers here, including the when and how to use various types of waivers, the difference between a Lien Waiver and a Lien Release, what to look for before signing, and more.
- As a client, you'll have free access to our system that easily creates statutorily correct lien waivers.
- Through our technology partner Prelien Pro, you can also access best-in-class lien waiver management software, allowing you to easily track, collaborate, and share lien waivers with all your trade partners.
Assessors’ websites in Ohio counties
Most often, the county Assessor’s office is the go-to resource for online lien-related information for construction project parcels—ownership records, special warranty deeds, and more. Counties that we’ve not yet found online (those with “*”) link to a Google search for your convenience.
- Adams County
- Allen County
- Ashland County
- Ashtabula County
- Athens County
- Auglaize County
- Belmont County
- Brown County
- Butler County
- Carroll County
- *Champaign County
- Clark County
- Clermont County
- Clinton County
- Columbiana County
- Coshocton County
- Crawford County
- Cuyahoga County
- Darke County
- Defiance County
- Delaware County
- Erie County
- Fairfield County
- Fayette County
- Franklin County
- Fulton County
- Gallia County
- Geauga County
- Greene County
- *Guernsey County
- Hamilton County
- Hancock County
- Hardin County
- *Harrison County
- *Henry County
- Highland County
- Hocking County
- Holmes County
- Huron County
- *Jackson County
- Jefferson County
- Knox County
- Lake County
- Lawrence County
- Licking County
- Logan County
- Lorain County
- Lucas County
- Madison County
- Mahoning County
- Marion County
- Medina County
- *Meigs County
- Mercer County
- Miami County
- *Monroe County
- Montgomery County
- *Morgan County
- Morrow County
- Muskingum County
- *Noble County
- Ottawa County
- *Paulding County
- *Perry County
- Pickaway County
- Pike County
- Portage County
- Preble County
- Putnam County
- Richland County
- Ross County
- Sandusky County
- Scioto County
- *Seneca County
- Shelby County
- Stark County
- Summit County
- Trumbull County
- Tuscarawas County
- Union County
- Van Wert County
- *Vinton County
- Warren County
- Washington County
- Wayne County
- Williams County
- Wood County
- Wyandot County
Other important construction links in Ohio
- Ohio Revised Code - Mechanics' and Materialmen's Liens (Chapter 1311)
- Ohio Construction Industry Licensing Board (OCILB)
- Ohio Department of Commerce - Division of Industrial Compliance
- Ohio Bureau of Workers' Compensation (BWC)
- Ohio Department of Transportation (ODOT) - Construction Resources
- Occupational Safety and Health Administration (OSHA) - Ohio Area Offices
- Ohio State Bar Association - Construction Law Section
- Ohio Contractors Association (OCA)
Check out this ‘X’ list for Ohio created by Prelien Pro!
Frequently asked questions (FAQs) on Ohio lien processes for contractors
When must a Notice of Furnishing be sent in Ohio?
A Notice of Furnishing must be served within 21 days of first furnishing labor or materials if a Notice of Commencement has been filed.
Who must receive the Notice of Furnishing?
The Notice of Furnishing must be served on the property owner and, if applicable, the general contractor.
What happens if I miss the 21-day Notice of Furnishing deadline?
If you miss the deadline, you may only have lien rights for work performed or materials furnished after the late service date.
How long do I have to file a mechanics lien in Ohio?
Lien affidavits must be filed within 75 days (commercial projects), 60 days (residential dwellings), or 120 days (oil and gas wells) after last furnishing.
How long do I have to enforce my mechanics lien after recording it?
You have 6 years from the filing date to bring a foreclosure action, unless a Notice to Commence Suit is served, in which case you have 60 days.
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