Columbus, OH asked in Real Estate Law and Construction Law for Ohio

Q: How long do I have to file a mechanic's lien after the work has been done in Ohio?

1 Lawyer Answer
Joseph Jaap
Joseph Jaap
Answered
  • Construction Law Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: It depends on if the work was done on residential premises for the owner of the premises where the owner uses it as a principal residence. If so, then you could have as little as zero days up to 60 days. You must file a mechanic's lien affidavit before the owner pays the general contractor in full, but not beyond 60 days after your last work. If the premises and the project do not qualify as a residential project, i.e. it was a commercial project, you would have up to 75 days after you provided the last work or materials. But - be careful - it can be very tricky to determine if it is residential (with from 0 to 60 days to file), or commercial (up to 75 days to file). And after you record the lien, you then must serve it on the property owner. And if it was a commercial project on which a Notice of Commencement was recorded, then you must have served a Notice of Furnishing. The process required to assert a valid mechanic's lien is complicated. Use the Find a Lawyer tab to consult a local construction attorney who can review all the facts and advise you. If you don't do it properly, you can lose your lien rights.

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