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Time Line - Ohio Mechanics' Lien Law - LibGuides at Franklin County Law Library - 13806 Coit Rd, Cleveland, OH 44110.pdf

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10/3/25, 4:26 PM Time Line - Ohio Mechanics' Lien Law - LibGuides at Franklin County Law Library Mechanics' Lien Time Line Step Content or Form References to Ohio Law At the beginning of the construction project, the owner should record a Notice of Commencement, which is a document that compiles all necessary information for subcontractors and Notice of Commencement Oh. Rev. Code Sec. 1311.04 Oh. Rev. Code Sec. 1311.05 (new version effective 9/30/25) materialmen to rely upon to assert their lien

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10/3/25, 4:26 PM

Time Line - Ohio Mechanics' Lien Law - LibGuides at Franklin County Law Library

Mechanics' Lien Time Line
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Content or Form

References to Ohio Law

At the beginning of the construction project, the owner should
record a Notice of Commencement, which is a document that
compiles all necessary information for subcontractors and

Notice of Commencement

Oh. Rev. Code Sec. 1311.04
Oh. Rev. Code Sec. 1311.05 (new version effective 9/30/25)

materialmen to rely upon to assert their lien rights.
The Notice of Commencement is to be recorded in the county
where the project is located, posted at the construction site,
and served on the original contractor.
Subcontractors and materialmen should request a copy of the
Notice of Commencement from the owner. The owner has 10
days to provide the Notice.

If a Notice of Commencement is filed, then the subcontractor
or materialman should file a Notice of Furnishing on the owner
within 21 days of the first day of labor or materials furnished
on the project.

Notice of Furnishing

Oh. Rev. Code Sec. 1311.05

Affidavit of Mechanics' Lien

Oh. Rev. Code Sec. 1311.06

If a Notice of Commencement is not filed, subcontractors and
materialmen have no obligation to file a Notice of Furnishing
in order to preserve their lien righs.

If a subcontractor or materialman has not been paid, s/he can
file a mechanics' lien.
On commercial projects, a claimant has 75 days from the last
day materials or labor was provided. For a residential project,
a claimant only has 60 days.
The "last day of work" is established on a case by case basis.
It generally occurs when the claimant completes the work
required under the contract. Completion of punch list work
may qualify as "last day of work" , but warranty work will not. A
materialman's last day of work is when the materials were
delivered to the project.

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The Affidavit of Mechanics' Lien must be filed at the county
recorder's office where the project was located. It must also
be served on the owner within 30 days of filing. If the owner
cannot be found, a copy of the lien must be posted
conspicuously on the project site within 10 days of failure of
service.

After receiving an Affidavit of Mechanics' Lien, the owner may,
at any time, serve a Notice to Commence Suit on the
lienholder. This Notice states that the lienholder must sue to
enforce his lien within 60 days, or lose his lien.

Oh Rev. Code Sec. 1311.07

Notice to Commence Suit

Oh. Rev. Code Sec. 1311.11

Complaint - for Money and to Foreclose on Mechanics' Lien

Oh. Rev. Code Sec. 1311.13

Affidavit - Release of Mechanics' Lien

Oh. Rev. Code Sec. 1311.20

The owner or other qualified party must file this notice with the
county recorder within 30 days of serving the lienholder.

If the owner files a Notice to Commence Suit, the
subcontractor or materialman has 60 to file suit to foreclose
on his lien.
If the the owner does not file a Notice to Commence Suit, the
Mechanics' Lien expires after 6 years.

After the lien has been satisfied or adjudged against the
subcontractor, the lienholder has 30 days to release the lien,
or be held liable for damages and costs.

Last Updated: Sep 11, 2025 3:39 PM

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