Frequently Asked Questions
The experienced and knowledgeable business and construction law attorneys at Meyers, Roman, Friedberg & Lewis are ready to answer your questions. We want to be your go-to law firm for the important legal matters that affect your construction business.
Click on any of the links below to get the information you need:
- What is a mechanic’s lien?
- Where can I find out about Ohio laws and statutes concerning mechanic’s liens?
- How must the mechanic’s lien be served on the owner?
- What are the deadlines for filing an affidavit of a mechanic’s lien?
We are here to answer your questions. To discuss how we can help you, call our attorneys at Meyers, Roman, Friedberg & Lewis at 216-503-4794 or contact us online to arrange an initial consultation.
A mechanic’s lien is a hold against a property, filed by an unpaid contractor, subcontractor, laborer or material supplier and is recorded with the county recorder’s office. If unpaid, it allows a foreclosure action, forcing the sale of the property in lieu of compensation.
A lien can result when the prime contractor (referred to as a direct contractor in mechanic’s liens revision statutes, effective July 1, 2012) has not paid subcontractors, laborers or suppliers. Legally, the property owner is ultimately responsible for payment — even if the owner has already paid the direct contractor.
For private improvements, refer to Chapter 1311 of the Ohio Revised Code, §1311.01 through §1311.22.
For public improvements, refer to Chapter 1311 of the Ohio Revised Code, §1311.25 through §1311.32.
You must send a copy of the affidavit to the property owner within 30 days of its recording by certified or registered mail, overnight delivery, hand delivery or any other method that includes a written receipt. Service on the owner is complete upon receipt. Certified mail service is complete upon mailing. If the contractor is unable to perfect service on the owner by mailing or hand delivery, the subcontractor must post the notice on the job site within 10 days after the 30-day period expires.
The deadlines for filing an affidavit of a mechanic’s lien are:
- Residential property (one- or two-family dwelling or a residential unit of condominium property) ― within 60 days of the date you last worked
- Oil and gas project ― within 120 days of the date you last worked
- Commercial or other property ― within 75 days of the date you last worked