Ohio Mechanic’s Lien Rights: A Complete Guide for Subcontractors

In Ohio, lien rights are broad and cover almost anyone who contributes to a permanent improvement, including:

• General (original) contractors
• Subcontractors and lower-tier subcontractors
• Material suppliers
• Laborers and tradespeople
• Design professionals, such as architects, engineers, and surveyors (when their services qualify as lienable labor)
• Machinery and equipment lessors

To qualify for a lien in Ohio, the work must provide a permanent "improvement" to the real property, meaning labor or materials furnished for the construction, alteration, or repair of a structure O.R.C. §§ 1311.01, .02, .03).

Here are some examples of what’s usually considered lienable and what isn’t.

Lienable Work in Ohio

• Construction, alteration, repair, or demolition of buildings or structures
• Excavation, grading, ditching, and landscaping
• Drilling or construction of oil and gas wells
• Materials, fuel, or supplies furnished for use in the improvement
• On-site rental equipment and machinery
• Architectural, engineering, and surveying services tied to the improvement
• Construction or repair of private roads, sidewalks, sewers, and similar improvements

Non-Lienable Work in Ohio

• Work on public projects
• Work performed without the owner’s express or implied consent
• Reusable tools or equipment that are not valueless upon return
• Purely administrative or clerical services

Ohio applies different lien filing deadlines depending on whether the project is commercial or residential. Residential projects—defined as one- or two-family dwellings—carry a shorter filing window than commercial work.

Regardless of project type, make sure you’ve met any notice or preliminary requirements that apply to your role (see table above).

Deadline to File

• Commercial projects: All claimants must file within 75 days from the date on which the last labor was performed or materials were furnished.
• Residential projects: All claimants must file within 60 days from the date on which the last labor was performed or materials were furnished.

Filing Requirements

• Filing location: Record the Affidavit of Mechanic’s Lien with the county recorder's office for each county where the property is located.
• Form requirements: Ohio provides a statutory affidavit form under O.R.C. § 1311.06. The affidavit must include:
  • The amount due after deducting all credits and setoffs
  • A description of the property sufficient for identification
  • The name and address of the party who hired you
  • The name and address of the property owner
  • The name and address of the lien claimant
  • The first and last dates work or materials were furnished
• Verification: The lien must be signed by the claimant in front of a notary.
• Filing fee: Varies by county recorder.

Service Requirements

A copy of the recorded lien must be served on the owner within 30 days of filing via certified (or other receipted) mail. If the owner cannot be served, you have an additional 10 days to post it on the premises in a highly-visible place (O.R.C. § 1311.07(A)–(B)).

Recording a lien preserves your rights—but enforcement is how you get paid. Here’s what you must do to ensure you enforce your lien in Ohio.

Enforcement Requirements

• Enforcement deadline: You must file a foreclosure action within six years after the lien is recorded. If the owner files a Notice to Commence Suit, the enforcement deadline is slashed to 60 days.
• Filing location: Suit must be initiated in the Court of Common Pleas in the county where the property is located.
• Lien priority: Properly perfected mechanic’s liens generally take priority over liens or mortgages recorded after the Notice of Commencement. Laborer liens receive special statutory protection.

Lien Release Requirements

Once the debt is paid or otherwise satisfied, the claimant must record a written release or satisfaction of lien with the county recorder’s office. Failure to release a satisfied lien may expose the claimant to damages (O.R.C. § 1311.20).