How do you obtain a Mechanic's Lien in the state of Ohio?

Filing a mechanic's lien is a multi-step process that will vary depending on whether you are a contractor, subcontractor, supplier, laborer and whether a Notice of Commencement was filed and whether the project is residential, commercial or public (State or local-Federal jobs are COMPLETELY different) I am an attorney in Cleveland, Ohio. A large part of my practice is mechanic's liens On private construction projects the process, from the lien claimant's perspective, assuming that a Notice of Commencement was filed, starts with the service of a Notice of Furnishing (for full lien rights, within 21 days of your first work on the project. Next, assuming that you haven't already waived your lien rights by recklessly signing lien waivers with the payments that you may have received, the lien is prepared and filed with the County Recorder within 60 days of your last day of work on a residential project and within 75 days of your last work on the project for commercial.

After the lien has been filed it must be served on the project owner within 30 days. Service can be completed by several different methods, the most common of which is sending it via certified mail. It may also be served by over night courier Sheriff or another process server, essentially any way that returns a signed receipt.

If it cannot be served within that 30 day period, there is an additional 10 day period to perfect the lien by posting it on the project. This is a seldom used step Liens on State or local construction projects also have a Notice of Commencement and a Notice of Furnishing with the same time periods. The deadline for serving the line on the public authority is 120 days from the date of your last work on the project, however, your lien not against the improved real estate as it is in private work, but is against the money still owed by the public authority to the principal contractor.

If the contractor has been paid, you have no lien rights, even if you still have time left to file. After the lien is served on the public owner, you have to file it with the county recorder within 30 days to perfect the lien. If you are not in direct contract with the principal contractor, you will also have to serve a copy of the lien on your prime contractor, advising them that they have the right to serve a notice of intent to dispute your lien with the public authority Mechanic's lien laws are usually strictly construed, so you need to complete each step perfectly.

I recommend that if you don't know what you are doing, that you find an attorney THAT KNOWS HOW TO FILE MECHANIC'S LIEN (all attorneys are not equal and the cheapest is not always the best) I have also written some articles for the Builders Exchange Magazine you may find helpful. You may find them at http:/ohiolienlaw. Com/bx/resources.

Php . You may also find it useful to review your state's statutes. Here is a link to Ohio's Mechanic's Lien Statute.

http://codes.ohio.gov/orc/1311 I hope that this helps.

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