Help in Getting Paid – Ohio's Mechanics' Lien Law - Frost Brown Todd

Furnishing on the principal contractor. The same 21-day rule for commercial projects also applies to
public projects.
The Notice of Commencement and Notice of Furnishing procedures apply to residential projects, except
those where the owner uses or intends to use the property as his or her personal residence and the
property is a 1 or 2 family dwelling or a condominium unit.
Time Limits For Filing Liens
Assuming you have properly served the Notice of Furnishing, how long do you have to file a lien? On
commercial projects, a mechanics' lien affidavit must be recorded with the county Recorder within 75
days from the date on which the lien claimant last worked or furnished materials. A lien affidavit must
also be served on the owner of the property within 30 days after filing with the county Recorder. If the
owner cannot be found, a copy of the lien must be posted conspicuously on the project site.
On public projects, lien claims must be filed with the public authority within 120 days from the last day the
claimant provided work or materials on the project. To obtain priority over unrecorded claims, the
claimant should also file a copy of the affidavit with the county Recorder within 30 days after filing with the
public authority. If the claimant is a sub-subcontractor or a supplier to a subcontractor, the claimant must
also serve a copy of the lien affidavit on the subcontractor within 20 days after serving the affidavit on the
public authority.
The time period for filing a lien on a residential project is just 60 days from the last date the lien claimant
performed labor or provided materials. However, all lien rights on a residential project are extinguished if
the owner has paid the principal contractor in full before the owner's receipt of the lien affidavit.
Final Observation
Some subcontractors and material suppliers decide not to serve a Notice of Furnishing because they
worry it might "rock the boat" and cause tension with the owner or general contractor at the beginning of
the project. Others just do not want to add to their "paperwork". But neglecting to preserve your lien
rights can be a big mistake. Owners and general contractors generally understand and expect that a
Notice of Furnishing will be served. The bottom line is that if you do not preserve your lien rights, you
may find it much harder to get paid at the end of the project.
Published in The Constructor (Allied Construction Industries/AGC-Cincinnati)Scott Gurney is Chairman of the
Construction Law Group of Frost Brown Todd LLC. He can be contacted at (513) 651-6841 or sgurney@fbtlaw.com.
This article is presented for educational purposes. Neither the author nor Frost Brown Todd LLC, nor their present or
future clients, can be bound by the opinions, comments and interpretations expressed herein.