What a mechanics lien is and why contractors file them

A mechanics lien is a legal claim a contractor, subcontractor, or supplier can place on a property when they are not paid for work or materials. In Ohio, filing a lien creates a public record that the property owner owes money for construction work — and it gives the lien holder the right to force a sale of the property to recover what they are owed if the debt is not resolved.

Contractors and suppliers use liens because they cannot easily repossess a house or building the way a car dealer can repossess a vehicle. A lien is their security: it makes the property harder to sell or refinance until the debt is paid. For a property owner, a lien is serious — it can block a sale, prevent refinancing, and damage credit. Understanding how Ohio's lien law works protects you whether you are a contractor protecting your payment or a property owner trying to avoid or remove a lien.

Key Takeaways

  • In Ohio, a contractor or supplier must file a lien notice within 75 days of the last date they provided labor or materials to the property.
  • The lien must be filed with the county recorder in the county where the property is located, not with a state office.
  • A property owner can prevent liens by requiring a sworn statement from the contractor listing all subcontractors and suppliers, then paying those parties directly.
  • Once a lien is filed, the property owner has the right to demand a hearing to contest it, and the lien holder must file a lawsuit within two years or the lien expires.

The 75-day filing important date and what triggers it

The most important date in Ohio mechanics lien law is the 75-day important date. A contractor, subcontractor, or supplier must file their lien notice with the county recorder within 75 days after the last day they provided labor, materials, or services to the property. This important date is strict — if you miss it, you lose the right to file a lien, though you may still have other legal claims.

The 75-day period starts from the last date work was done or materials were delivered, not from the date the invoice was issued or the date payment was due. If a contractor works on a project from January through March, the 75 days begins on the last day of March. If materials are delivered in stages, the clock resets each time — but the lien must still be filed within 75 days of the final delivery.

This important date applies whether or not the contractor has been paid, whether or not they have sent invoices, and whether or not the property owner has acknowledged the debt. The contractor must track this date themselves — no one will remind them, and missing it means losing lien rights entirely.

Where and how to file a mechanics lien in Ohio

A mechanics lien in Ohio is filed with the county recorder in the county where the property is located. You do not file with the state, with a court, or with any construction board. The county recorder's office is a public records office that accepts and records liens, mortgages, deeds, and other property documents.

The lien document itself must include specific information: the name and address of the property owner, a description of the property (usually the street address and parcel number), the name and address of the contractor or supplier filing the lien, a description of the work or materials provided, the amount claimed, and the dates the work was performed or materials delivered. Ohio law does not require a specific form — the lien can be typed or handwritten — but it must be clear enough that someone reading the county records can understand what is being claimed.

You can file in person at the county recorder's office during business hours, or many counties accept filings by mail. Some counties now accept electronic filing. Filing fees vary by county but typically range from $10 to $30. Once filed, the lien becomes a public record and appears on the property's title. The property owner will usually discover it when they try to refinance or sell.

How property owners can prevent liens from being filed

The most effective way to prevent a mechanics lien is to may support that all contractors, subcontractors, and suppliers are paid directly by you, not by the general contractor. To do this, you can require the general contractor to provide a sworn statement listing every subcontractor and supplier who has worked on or supplied materials to the project. Ohio law calls this a "statutory notice" or "notice of nonpayment."

Once you have this list, you can pay the subcontractors and suppliers directly and obtain a waiver of lien from each one — a signed document stating they have been paid and waive their right to file a lien. Collect these waivers and keep them with your records. If a subcontractor or supplier later tries to file a lien, you have proof they were paid and waived their rights.

Another protection is to require the general contractor to provide a payment bond — an insurance policy that guarantees payment to subcontractors and suppliers if the contractor fails to pay them. If a lien is filed despite the bond, you can make a claim against the bond instead of dealing with the lien directly. Payment bonds are common on public construction projects and larger private projects.

What happens after a lien is filed

Once a lien is filed and recorded, it becomes part of the property's public record. The property owner will usually discover it when they attempt to refinance, sell, or refinance the property — the title company or lender will flag it during their title search. At that point, the lien must be resolved before the transaction can close.

The property owner has the right to demand a hearing to contest the lien. This hearing is held before a judge and allows the owner to argue that the lien is invalid — for example, that the work was never done, that it was done poorly, or that the amount claimed is wrong. The burden of proof is on the lien holder to show that the work was performed and the amount is correct.

If the lien is not contested and the debt is not paid, the lien holder can file a lawsuit to foreclose on the property — meaning they ask the court to force a sale of the property so they can be paid from the proceeds. However, the lien holder must file this lawsuit within two years of filing the lien, or the lien expires and becomes unenforceable. After two years, the lien is still on the record but has no legal power.

Removing a lien from your property

If a lien has been filed against your property, you have several options to remove it. The simplest is to pay the debt — once the lien holder receives payment, they must file a release of lien with the county recorder, which removes the lien from the public record.

If you dispute the lien, you can file a lawsuit asking the court to declare it invalid. You will need to show that the work was not done, was done by someone else, or was done but already paid for. This requires evidence — invoices, canceled checks, photographs, witness testimony — and usually requires an attorney.

You can also post a bond with the court. If you post a bond equal to the amount of the lien plus costs, the court can remove the lien from the property while allowing the lien holder to pursue their claim against the bond instead. This is useful if you need to sell or refinance quickly and do not want to wait for a lawsuit to be resolved.

If the lien holder does not file a lawsuit within two years, the lien expires automatically. You can then file a motion with the court to have it removed from the record, though some property owners straightforward wait for the two-year period to pass and then request the county recorder to remove it based on age.

Differences between residential and commercial projects

Ohio's mechanics lien law applies to both residential and commercial construction, but there are some differences in how they work. On residential projects (single-family homes, duplexes, and small multifamily buildings), the property owner has additional protections. Before work begins, the contractor must provide written notice of lien rights — a document explaining that subcontractors and suppliers can file liens if not paid.

On commercial projects, these protections are less strict, and the lien process is more straightforward for contractors. The 75-day important date and filing requirements are the same, but commercial property owners have fewer notice requirements and fewer defenses available to them.

Public projects (schools, government buildings, roads) have different rules entirely. They typically require a payment bond instead of allowing mechanics liens, and the process for recovering unpaid amounts is different. If you are working on a public project, the contract and bid documents will specify the payment and lien procedures.

Frequently Asked Questions

Can a supplier file a lien if only the contractor owes them money?

Yes. In Ohio, a supplier who delivered materials to the property can file a lien even if they were never paid by the contractor. The property owner is responsible for ensuring all suppliers are paid, either directly or through the contractor. This is why obtaining waivers of lien from all suppliers is important.

What if the contractor did poor work — can I refuse to pay and avoid a lien?

You can dispute the quality of work in court, but that does not prevent a lien from being filed. If you believe the work is defective, you should withhold payment and document the problems, then negotiate a settlement or file a counterclaim if the contractor sues. Filing a lien is a separate process and can happen regardless of quality disputes.

Does a lien affect my credit score?

A mechanics lien does not directly report to credit bureaus the way a credit card debt does. However, if the lien leads to a lawsuit and a judgment against you, that judgment can appear on your credit report and damage your score. More when ready, a lien prevents you from refinancing or selling, which can have serious financial consequences.

Can I remove a lien myself without paying the full amount?

You can negotiate a settlement with the lien holder — they may accept less than the full amount to resolve the dispute quickly. Once you agree on a settlement amount, get it in writing and have the lien holder file a release of lien once you pay. Without a written agreement, paying part of the amount does not remove the lien.

What if I did not hire the contractor — can a lien still be filed on my property?

Yes. If someone else hired a contractor to work on your property (a tenant, a family member, or someone with your permission), that contractor can still file a lien against your property if not paid. This is why it is important to know who is working on your property and to verify that they are being paid.