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Mechanics' Liens Toolkit (OH)
Practical Law Toolkit w-003-6664 (Approx. 8 pages)
Mechanics' Liens Toolkit (OH)
by Practical Law Real Estate
| Law stated as of 01 Jun 2023 • Ohio |
A collection of resources to assist claimants in understanding and effectively creating, perfecting, enforcing, and discharging mechanics' liens to secure payment for improvements to privately owned real property in Ohio. The Ohio Mechanics' Lien Act governs mechanics' liens on private property. This Toolkit contains many guidance documents and standard forms for use at all stages of the mechanic's lien process.
Contractors, subcontractors, laborers, and material suppliers (claimants) have several options available to secure payment for improvements to privately owned real property. In Ohio, the most common option is a mechanics' lien.
Mechanics' liens are created by statute. The Ohio Mechanics' Lien Act (Lien Act) governs mechanics' liens on privately owned real property in Ohio (R.C. 1311.01 to 1311.23).
The Lien Act prescribes specific procedures to create, perfect, enforce, and discharge a mechanics' lien. Ohio courts strictly enforce the statutory steps required to perfect a mechanics' lien (C.C. Constance & Sons v. Lay, 172 N.E. 283, 283 (Ohio 1930); Guernsey Bank v. Milano Sports Enters., L.L.C., 894 N.E.2d 715, 723 (Ohio Ct. App. 2008)).
Once the claimant perfects the lien:
- The Lien Act's remedial provisions are more liberally construed.
- Substantial compliance with the Lien Act is sufficient.
The resources included in this Toolkit help counsel for claimants and property owners:
- Understand the processes and procedures for creating, perfecting, enforcing, and discharging mechanics' liens.
- Understand the deadlines for each step of the mechanics' lien process.
- Understand available defenses to mechanics' liens.
These resources also identify the different requirements for filing mechanics' liens against residential and commercial real property in Ohio.