In Ohio, state code delineates specific procedures for builders, suppliers, and contractors to secure their right to lien on existing projects in the event of non-payment. Being sure to adhere to all of these procedures, including meeting all posted deadlines, is essential to maintaining the right to make lien claims, and more importantly, enforce action on lien claims.
In Ohio, primary contractors are not legally bound to give preliminary notice of intent to lien to project owners. In order to make claims on liens, prime contractors must file a lien affidavit no later than seventy-five (75) days from the last day of work on given project. The owner of the project must be served a copy of the original affidavit no later than thirty (30) days after the initial filing. Any action to foreclose upon a lien in the state of Ohio requires that primary contractors file the action no more than six (6) years after making the original lien notice. If owner gives notice to commence suit to primary contractor, action must begin no later than sixty (60) days of notice filing.
Any sub contractor involved in a project must establish a notice of furnishing with owner of project no later than twenty-one (21) days of beginning work on a given project. Owners are required to file notices of commencement before any work begins by sub contractors. In order to establish a claim on lien, sub contractors must file lien affidavit no more than seventy-five (75) days after last day on project. Owners must be served copy of affidavit within thirty (30) days of filing. Any action to enforce lien rights by sub contractors must take place within six (6) years of filing lien claim, and if owner files notice of commencement of suit, lien holder must begin foreclosure actions within sixty (60) days of receiving this notice.
Suppliers of materials in Ohio adhere to the same lien law schedule and protocol as sub contractors in the state. These key dates and actions include: