Mechanics Lien Filing Package — Ohio

Mechanics Lien Filing Package (Ohio)

Quick-Reference Summary

Part A — Pre-Lien Notice (Preliminary Notice / NOI)

A.1 — Notice of Furnishing (Commercial / Non-Residential Projects) — ORC § 1311.05

NOTICE OF FURNISHING
(Pursuant to ORC § 1311.05)

To:
[NAME OF OWNER / PART-OWNER / LESSEE / DESIGNEE FROM NOTICE OF COMMENCEMENT]
[ADDRESS FROM NOTICE OF COMMENCEMENT]

To:
[NAME OF ORIGINAL CONTRACTOR FROM NOTICE OF COMMENCEMENT]
[ADDRESS OF ORIGINAL CONTRACTOR FROM NOTICE OF COMMENCEMENT]

Please take notice that the undersigned is performing certain labor or work or furnishing certain materials to [NAME AND ADDRESS OF OTHER CONTRACTING PARTY] in connection with the improvement to the real property located at [PROPERTY STREET ADDRESS, CITY, OH ZIP], Parcel No. [PARCEL #], in [____________] County, Ohio.

The labor, work, or materials were performed or furnished first or will be performed or furnished first on [__/__/____].

WARNING TO OWNER:

THIS NOTICE IS REQUIRED BY THE OHIO MECHANICS' LIEN LAW. IF YOU HAVE ANY QUESTIONS ABOUT YOUR RIGHTS AND DUTIES UNDER THESE STATUTES YOU SHOULD SEEK LEGAL ASSISTANCE TO PROTECT YOU FROM THE POSSIBILITY OF PAYING TWICE FOR THE IMPROVEMENTS TO YOUR PROPERTY.

Dated: [__/__/____]

[CLAIMANT LEGAL NAME]
By: _________________________
Name: [PRINT NAME]
Title: [TITLE]
Address: [CLAIMANT ADDRESS]
Telephone: [____________]

PROOF OF SERVICE

Served on [__/__/____] by:
☐ Certified mail, return receipt requested
☐ Personal service
☐ Any other method authorized by ORC § 1311.19

_________________________
[SIGNATURE OF SERVER]

A.2 — Request to Owner for Notice of Commencement (Optional)

REQUEST FOR COPY OF NOTICE OF COMMENCEMENT
(Pursuant to ORC § 1311.04)

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
[__/__/____]

To: [OWNER / PART-OWNER / LESSEE]
[ADDRESS]

Re: Improvement at [PROPERTY STREET ADDRESS], [____________] County, Ohio

The undersigned is a [subcontractor / supplier / laborer] furnishing labor or materials for the above improvement. Pursuant to ORC § 1311.04, please provide the undersigned with a copy of the Notice of Commencement for this project within ten (10) days. Failure to provide the Notice may make you liable for the actual expenses sustained in obtaining the information.

[CLAIMANT NAME, ADDRESS, PHONE]
By: _________________________

Part B — Claim of Mechanics Lien

AFFIDAVIT FOR MECHANICS' LIEN
(Pursuant to ORC § 1311.06)

STATE OF OHIO
COUNTY OF [____________________], ss.

[AFFIANT NAME], being first duly cautioned and sworn, deposes and states:

1. Claimant. Affiant is the [TITLE] of [CLAIMANT LEGAL NAME], a [ENTITY TYPE] whose address is [CLAIMANT ADDRESS] ("Claimant"), and is authorized to make this Affidavit on Claimant's behalf.

2. Owner. The owner, part-owner, or lessee of the real property described below is [OWNER NAME], whose last known address is [OWNER ADDRESS].

3. Hiring Party. Claimant furnished labor and/or materials pursuant to a contract with [HIRING PARTY NAME], whose address is [HIRING PARTY ADDRESS] (Claimant is ☐ the original contractor ☐ a subcontractor ☐ a material supplier ☐ a laborer).

4. Property. The real property to which the improvement was made is located in [____________] County, Ohio, and is commonly known as [PROPERTY STREET ADDRESS, CITY, OH ZIP], Parcel No. [PARCEL ID]. The legal description is:

[LEGAL DESCRIPTION — attach Exhibit A if lengthy]

5. Improvement. The labor performed or materials furnished consisted of: [DESCRIPTION OF WORK / MATERIALS].

6. Dates of Furnishing. Claimant first furnished labor or materials on [FIRST FURNISHING DATE] and last furnished labor or materials on [LAST FURNISHING DATE].

7. Amount Claimed. The total amount due and unpaid, over and above all just credits and setoffs, is $[AMOUNT CLAIMED].

8. Lien. Affiant therefore claims a mechanics' lien upon said real property and the improvements thereon in the amount of $[AMOUNT CLAIMED], with interest as allowed by law.

9. Pre-Lien Compliance (commercial projects). If applicable, the Notice of Furnishing required by ORC § 1311.05 was served on the owner/designee and original contractor on [__/__/____].

FURTHER AFFIANT SAYETH NAUGHT.

_________________________
[AFFIANT NAME], [TITLE]
[CLAIMANT LEGAL NAME]

Sworn to before me and subscribed in my presence this [__] day of [____________], [____].

_________________________
Notary Public — State of Ohio
My commission expires: [__/__/____]

[SEAL]

Part C — Notice of Filing Lien Claim to Owner

SERVICE OF AFFIDAVIT FOR MECHANICS' LIEN ON OWNER
(Pursuant to ORC § 1311.07)

Date: [__/__/____]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
[OWNER NAME]
[OWNER ADDRESS]

cc:
[GENERAL CONTRACTOR — by certified mail]
[CONSTRUCTION LENDER, if known]

Re: Notice of Recording of Affidavit for Mechanics' Lien
Property: [PROPERTY STREET ADDRESS, CITY, OH ZIP]
Parcel No.: [PARCEL ID]

Dear [OWNER NAME]:

Please take notice that on [__/__/____], the undersigned, [CLAIMANT LEGAL NAME], recorded an Affidavit for Mechanics' Lien against the above property in the Office of the Recorder of [____________] County, Ohio, as Instrument No. [____________]. A true and correct copy is enclosed.

The lien is in the principal amount of $[AMOUNT CLAIMED]. This service is made pursuant to ORC § 1311.07 within thirty (30) days of recording.

You are advised that under ORC § 1311.11, you (or another authorized party) may serve a written Notice to Commence Suit on the lien claimant; if you do, the claimant has 60 days to file suit to enforce the lien or it is forfeited. The lien otherwise remains valid for six (6) years from recording (ORC § 1311.13).

Very truly yours,

[CLAIMANT LEGAL NAME]
By: _________________________
Name: [PRINT NAME], [TITLE]

Enclosure: Recorded Affidavit for Mechanics' Lien

PROOF OF SERVICE / POSTING

☐ Served by certified mail RRR on [__/__/____].
☐ Served by personal delivery on [__/__/____].
☐ Service on owner could not be made after reasonable effort; copy posted on project site at [LOCATION DESCRIPTION] on [__/__/____] (within 10 days of failure of service, per ORC § 1311.07).

_________________________
[NAME OF SERVER]

Part D — Suit to Foreclose

IN THE COURT OF COMMON PLEAS OF [____________] COUNTY, OHIO

Case No.: [____________]
Judge: [____________]

COMPLAINT FOR FORECLOSURE OF MECHANICS' LIEN AND FOR BREACH OF CONTRACT

Now comes Plaintiff, [CLAIMANT LEGAL NAME], by and through undersigned counsel, and for its Complaint against Defendants states:

PARTIES, JURISDICTION, AND VENUE

1. Plaintiff is a [ENTITY TYPE] with its principal place of business at [CLAIMANT ADDRESS].
2. Defendant [OWNER NAME] is the record owner of the real property at issue.
3. The remaining Defendants are joined because they hold or may hold interests of record in the Property or in the construction contract chain.
4. This Court has jurisdiction over the subject matter under R.C. § 2305.01 and over the Defendants under R.C. § 2307.382. Venue is proper in this county under Civ. R. 3(C) because the real property at issue is located here.

FIRST CLAIM FOR RELIEF — FORECLOSURE OF MECHANICS' LIEN

5. The real property at issue is located at [PROPERTY ADDRESS], Parcel No. [PARCEL ID], legally described in Exhibit A.
6. Plaintiff and [HIRING PARTY] entered into a contract on [DATE] for Plaintiff to provide [SCOPE OF WORK] at the Property for $[CONTRACT AMOUNT] (Exhibit B).
7. Plaintiff first furnished labor or materials on [FIRST FURNISHING DATE] and last furnished on [LAST FURNISHING DATE].
8. After all credits and setoffs, $[AMOUNT CLAIMED] remains due and unpaid.
9. On [__/__/____], (if commercial), Plaintiff timely served a Notice of Furnishing per ORC § 1311.05 (Exhibit C).
10. On [RECORDING DATE], within [75 / 60] days of last furnishing, Plaintiff recorded an Affidavit for Mechanics' Lien per ORC § 1311.06 as Instrument No. [____] in the [____________] County Recorder's Office (Exhibit D).
11. Within 30 days thereafter, Plaintiff served the Affidavit on the Owner per ORC § 1311.07 (Exhibit E).
12. This action is commenced within the six-year lien duration under ORC § 1311.13 (and, if applicable, within 60 days of the Notice to Commence Suit served on [__/__/____]).

SECOND CLAIM FOR RELIEF — BREACH OF CONTRACT

13. Plaintiff incorporates Paragraphs 1–8.
14. [HIRING PARTY] materially breached the contract by failing to pay $[AMOUNT CLAIMED] due thereunder.

THIRD CLAIM FOR RELIEF — UNJUST ENRICHMENT (ALTERNATIVE)

15. Plaintiff incorporates Paragraphs 1–8.
16. Defendants have been enriched by the labor and materials Plaintiff furnished and have retained the benefit without payment under circumstances that render retention unjust.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment:

A. Declaring that Plaintiff holds a valid, subsisting, and first-priority (subject to determination) mechanics' lien against the Property in the amount of $[AMOUNT CLAIMED], plus interest, costs, and attorneys' fees as allowed by law;
B. Determining the priority of all liens and encumbrances;
C. Ordering judicial sale of the Property and application of proceeds to Plaintiff's lien;
D. Awarding judgment in personam against [HIRING PARTY] for breach of contract;
E. Awarding such other relief as is just and equitable.

Dated: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]
By: _________________________
[ATTORNEY NAME] (#[OHIO BAR REG. NO.])
[ATTORNEY ADDRESS]
[PHONE] | [EMAIL]
Attorneys for Plaintiff

Exhibits: A — Legal description; B — Contract; C — Notice of Furnishing and proof of service; D — Recorded Affidavit for Mechanics' Lien; E — Service of Affidavit on owner under ORC § 1311.07.

Part E — Pre-Filing Checklist

Project classification (this drives the deadline)

☐ Project classified as ☐ commercial (75-day rule) or ☐ residential under ORC § 1311.011 (60-day rule).
☐ Public-owned property RULED OUT. If public, use attested-account/bond-claim procedures — NOT this package.

Notice of Commencement and Notice of Furnishing

☐ Notice of Commencement obtained from owner or county recorder; designee and original contractor identified.
☐ If unable to obtain NOC, certified-mail request sent under ORC § 1311.04(L).
☐ (Commercial only) Notice of Furnishing served on designee/owner AND original contractor within 21 days of first furnishing (ORC § 1311.05).
☐ Proofs of service retained.

Affidavit content (ORC § 1311.06(C))

☐ Claimant name and address.
☐ Hiring party name and address.
☐ Owner/lessee name (if known).
☐ Description of property sufficient to identify it.
☐ First and last days of furnishing labor/materials documented.
☐ Amount due, over and above all setoffs, stated.
☐ Affidavit signed before a notary.

Filing and Service

☐ Affidavit recorded with the County Recorder for the county where the project is located within [75 / 60] days of last furnishing.
☐ Copy of recorded Affidavit served on Owner by certified mail RRR within 30 days of recording (ORC § 1311.07).
☐ If owner cannot be served, copy posted conspicuously on project within 10 days of failed service.
☐ Service proofs retained.

Post-recording deadlines

☐ Calendared: 6-year general lien duration (ORC § 1311.13).
☐ Calendared: 60-day suit deadline if a Notice to Commence Suit is received (ORC § 1311.11).
☐ Calendared: any earlier contractual or insurance-driven deadlines.

Form & Quality

☐ Last furnishing date confirmed (punch-list under original scope, not warranty work).
☐ Amount excludes unapproved change orders or items contractually barred from lien.
☐ No unconditional waiver previously signed that would extinguish lien rights.

Sources and References

• ORC Chapter 1311 (Liens) — https://codes.ohio.gov/ohio-revised-code/chapter-1311
• ORC § 1311.04 (Notice of Commencement) — https://codes.ohio.gov/ohio-revised-code/section-1311.04
• ORC § 1311.05 (Notice of Furnishing) — https://codes.ohio.gov/ohio-revised-code/section-1311.05
• ORC § 1311.06 (Affidavit; recording; deadlines) — https://codes.ohio.gov/ohio-revised-code/section-1311.06
• ORC § 1311.07 (Service of affidavit; posting) — https://codes.ohio.gov/ohio-revised-code/section-1311.07
• ORC § 1311.011 (Residential lien procedures) — https://codes.ohio.gov/ohio-revised-code/section-1311.011
• ORC § 1311.11 (Notice to Commence Suit; 60 days) — https://codes.ohio.gov/ohio-revised-code/section-1311.11
• ORC § 1311.13 (Six-year lien duration) — https://codes.ohio.gov/ohio-revised-code/section-1311.13
• Franklin County Law Library, "Ohio Mechanics' Lien Law: Time Line" — https://fclawlib.libguides.com/mechanicsliensinohio/timeline