Delev & Associates
  • Home
  • Practice Areas
    • Before Extending Credit
    • Civil Litigation
    • Commercial Collections UCC
    • Consumer Collections
    • Consumer Resource Center
    • Creditors’ Rights
  • About
    • Gregory D. Delev
    • Brian T. Giles
    • Donald W. Harper
  • Articles
  • Newsletters
  • Blog
  • Contact
Select Page

How mechanic’s liens work in Ohio

On behalf of Delev & Associates, LLC | Aug 3, 2020 | Business Litigation

As an Ohio contractor, subcontractor, materials or equipment supplier, or construction laborer, a mechanic’s lien is the way in which you obtain payment from the property owner if he or she fails or refuses to pay you for your materials and/or services. The Ohio Constitution guarantees your right to a mechanic’s lien, but since this right comes to you via state law, you must strictly comply with that law to secure and enforce your mechanic’s liens. 

The first step of the process has nothing to do with mechanic’s liens per se. Rather, it consists of the notice of commencement that the property owner “must” file within 10 days after the work begins. If he or she fails to do so, you, as the general contractor, should file it as soon as possible thereafter. This notice should include the following: 

  • The property’s full legal description 
  • The owner’s name and address 
  • The general contractor’s name and address 
  • The lender’s name and address 
  • The surety’s name and address 

The owner must give a copy of this notice to any subcontractor, materials or equipment supplier or laborer who requests one. 

Prelien notice

Whether you are a contractor, subcontractor, laborer or material or equipment supplier, you should file a prelien notice, aka notice of furnishing, within 21 days after first furnishing labor or materials. However, make sure a valid commencement notice is in place before filing your notice of furnishing. 

Mechanic’s lien

Once 60 days have elapsed from the time you last furnished labor, equipment or materials without receiving payment therefor, you can file your mechanic’s lien. The 60-day period extends to 75 days for industrial or commercial projects. 

The lien document must contain the following: 

  • Property description 
  • Property owner’s name 
  • Your signature, notarized and verified 

Once you record your lien, you must serve a copy of it on the owner or his or her designee within 30 days. 

Recent Posts

  • Understand the wage garnishment process
  • Best practices for collecting debt in Ohio
  • What is an involuntary bankruptcy proceeding?
  • What can I do after receiving a letter stipulating no contact?
  • Types of acceptable collateral for secured loans

Archives

  • February 2021
  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014

Categories

  • Business Litigation
  • Commercial Collections
  • Contract Disputes
  • Firm News
  • Uncategorized

RSS Feed

Subscribe To This Blog’s Feed