How to File a Mechanic’s Lien in Northeast Ohio
Have you completed a construction job and still haven’t been paid? If you're a contractor, subcontractor, or supplier in Northeast Ohio, filing a mechanic’s lien may be your best legal option to secure payment. Mechanic’s liens are powerful tools—but they must be filed correctly and on time under Ohio Revised Code Chapter 1311. This guide walks you through the process, helping you to understand your options.
What Is a Mechanic’s Lien?
A mechanic’s lien (also known as a construction lien) is a legal claim filed against real property by a contractor, subcontractor, or supplier who has not been paid for labor or materials provided to improve that property. In Ohio, this lien creates a secured interest in the property, which can:
Cloud the title, making it difficult to sell or refinance.
Be enforced through foreclosure, allowing the lienholder to recover the unpaid amount through a court-ordered sale.
Mechanic’s liens are governed by strict statutory procedures under Ohio Revised Code Chapter 1311. Failure to follow these procedures precisely can result in the lien being invalidated.
How to File a Mechanic’s Lien
Step 1: Identify the Type of Property
Ohio law distinguishes between residential and commercial projects. The deadlines and requirements for filing a lien vary depending on the type of property.
Step 2: Ensure a Notice of Commencement Has Been Filed
Before work begins, the property owner or general contractor should file a Notice of Commencement with the county recorder’s office. This document must also be posted at the job site and provided to all subcontractors and suppliers. It signals the official start of the project and triggers lien rights. Without filing a Notice of Commencement a lien cannot be filed.
Step 3: File a Notice of Furnishing (If Required)
If a Notice of Commencement has been filed, subcontractors and material suppliers must file a Notice of Furnishing within 21 days of starting work. This preserves their right to later file a lien. Failure to file a Notice of Furnishing can forfeit your lien rights.
Step 4: File an Affidavit of Mechanic’s Lien
If payment is not received, you may file a mechanic’s lien affidavit with the county recorder’s office. The affidavit must include specific statutory language and details about the work performed, the amount owed, and the property involved.
The deadlines to file are:
60 days from the last date of work for residential projects
75 days for commercial projects
Step 5: Serve the Lien on the Property Owner
You must serve a copy of the lien on the property owner within 30 days of filing. This is a critical step—failure to do so may invalidate the lien.
Step 6: Enforce the Lien (If Necessary)
If the lien does not result in payment, you may file a foreclosure action in the Court of Common Pleas. This must be done within 6 years of filing the lien.
What if You’re a Property Owner Facing a Lien?
If a lien has been filed against your property, you have legal options to remove it.
Learn how to challenge or discharge a lien in our companion article: How do you remove a house lien?
When to Consult an Attorney
Mechanic’s lien disputes are highly technical and time-sensitive. A single missed deadline or procedural error can cost you your rights. Whether you’re filing a lien or defending against one, legal representation can help you:
Avoid costly mistakes
Protect your financial interests
Resolve disputes efficiently and professionally
Conclusion
Mechanic’s liens are a powerful legal remedy—but only when used correctly. If you’re involved in a construction dispute, don’t wait until it escalates. Let us help you protect your rights and move forward with confidence.
📅 Ready to move forward? Schedule a paid consultation with Attorney Nicholas Weiss.
📞 Have more questions? Contact our office.
About the Author
Nicholas Weiss is the founder and supervising attorney of N.P. Weiss Law. He focuses on real estate, construction, and civil litigation matters across Northeast Ohio. Nick is known for his practical, client-centered approach to resolving complex legal issues. Learn more about Nick Weiss.
This blog post is for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. For personalized guidance, please consult with a licensed Ohio attorney.
