Ohio Mechanics Lien Statutes: Deadlines, Venues & Citations
Where Ohio liens are filed and enforced
A Ohio mechanics lien is filed with the County Recorder in the county where the project sits — 75 days (comm) / 60 (res) from last date of furnishing. Filing in the wrong county does not perfect the claim, which matters on projects that straddle county lines. Those are two different clocks against two different offices, and Ohio claimants lose rights far more often by missing the second one than the first.
Ohio deadlines by claimant role
For subcontractors and suppliers: Preliminary notice — 21 days from first furnishing (Ohio R.C. § 1311.05); Record the lien — 75 days from last furnishing (Ohio R.C. § 1311.06); file suit — 6 years from lien recorded (Ohio R.C. § 1311.12); bond notice — 90 days from last furnishing (Ohio R.C. § 153.57); file suit — 1 years from last furnishing (Ohio R.C. § 153.58); miller act notice — 90 days from last furnishing (40 U.S.C. § 3133(b)(2)). For general contractors: Record the lien — 75 days from last furnishing (Ohio R.C. § 1311.06). For design professionals: Record the lien — 75 days from last furnishing (Ohio R.C. § 1311.02). Every window runs from the claimant's own dates, not the unpaid invoice date.
Rules specific to Ohio
Serve 'Notice of Furnishing' within 21 days of first furnishing. Required for subs/suppliers not in direct contract with owner. File affidavit for mechanic's lien within 75 days of last furnishing of labor or materials. File affidavit within 75 days of last furnishing. Must serve owner within 30 days of filing. Enforce lien by filing suit within 6 years of recording. However, lien can be challenged after 2 years without active enforcement. Written notice within 90 days of last furnishing. Bond required on public contracts over $100,000. File suit on payment bond within 1 year of last furnishing. No sooner than 90 days, no later than 1 year. Prime must pay sub within 10 days of receiving payment from owner. Interest at 18%/year on amounts wrongfully withheld after written demand.
How Ohio notices must be served
Ohio requires noc-triggered — Notice of Furnishing. Accepted delivery for the notices tracked here: Written notice. Service runs to the Owner and GC. Keep the proof of service in the project file — Ohio disputes over whether a notice was properly served are decided on that documentation.
Public projects in Ohio
No lien attaches to public property in Ohio. On public state local and public federal work the remedy is a payment bond claim instead — bond notice within 90 days of last furnishing, served on the Prime Contractor and Surety (Ohio R.C. § 153.57). 4 public-project deadlines are tracked for Ohio.
Ohio statute citations
The Ohio deadlines above come from Ohio R.C. § 1311.05, Ohio R.C. § 1311.06, Ohio R.C. § 1311.12, Ohio R.C. § 153.57, Ohio R.C. § 153.58, 40 U.S.C. § 3133(b)(2), 40 U.S.C. § 3133(b)(1), Ohio R.C. § 4113.61, Ohio R.C. § 1311.02. Statutes are amended periodically — verify current text before relying on any date, and consult a licensed Ohio construction attorney on a specific project.
Frequently Asked Questions
How long do you have to file a mechanics lien in Ohio?
75 days (comm) / 60 (res) — From last date of furnishing. The filing goes to the County Recorder in the project's county. See Ohio R.C. § 1311.06. The clock runs from the claimant's own last furnishing or completion, not the invoice date.
Where do you file a mechanics lien in Ohio?
With the County Recorder in the county where the property is located. Recording in the wrong county does not perfect the lien.
Does Ohio require a preliminary notice?
Yes — NOC-triggered. Notice of Furnishing. Accepted service includes Written notice.
How long do you have to enforce a Ohio mechanics lien?
6 years — From filing. A recorded lien left unenforced past that window generally expires and can expose the claimant to slander-of-title risk if it stays on record.
When must retainage be released in Ohio?
Retainage released within 30 days of substantial completion. 10% maximum retainage on private projects. (Ohio R.C. § 4113.61).