This document is filed with the county recorder by any party claiming to be entitled to payment for labor performed or materials supplied in connection with an improvement to real property.
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Ohio Affidavit for Mechanic's Lien - Individual
Cincinnati Ohio Affidavit for Mechanic's Lien - Individual
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Ohio
City:
Cincinnati
Control #:
OH-03-09
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FAQ
Unfortunately, the only way to remove an invalid lien in Ohio is to file a lawsuit and get a ruling from a court that the lien is invalid.
(1) No original contractor, subcontractor, material supplier, or laborer has a lien to secure payment for labor or work performed or materials furnished by the contractor, subcontractor, material supplier, or laborer, in connection with a home construction contract between the original contractor and the owner, part
5 ? Allowing the Lien to Expire. Mechanic's liens are valid for 6 years, unless a Notice to Commence Suite is served on the lien claimant. 15 A Notice to Commence Suit can be issued by the Owner or by the General Contractor, on behalf of the Owner.
Ohio does not require that a lien waiver be notarized.
Must Illinois lien waivers be notarized? No. Illinois does not require mechanics lien waivers to be notarized in order to be effective. Furthermore, electronic signatures are valid on lien waivers in Illinois, as well.
Instructions. Sign the mechanic's lien affidavit in front of a notary. File it at the County Recorder's Office, in the county where the property is located. Serve the mechanics' lien affidavit on the person who owes you money.
If contractors and suppliers don't get paid on a construction project in Ohio, they can file a mechanics lien to secure payment. A mechanics lien is a legal tool that provides the unpaid party with a security interest in the property.
The fifteen-year limitation period applies to liens and notices of continuation of liens filed before, on, or after the effective date of the amendment of this section by H.B. 699 of the 126th general assembly.
If the the owner does not file a Notice to Commence Suit, the Mechanics' Lien expires after 6 years. After the lien has been satisfied or adjudged against the subcontractor, the lienholder has 30 days to release the lien, or be held liable for damages and costs.
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Interesting Questions
A Cincinnati Affidavit for Mechanic's Lien is a legal document that helps mechanics or contractors assert their right to recover unpaid debts for services rendered.
Any mechanic or contractor who has provided labor, materials, or services for improvements to a property in Cincinnati but has not been fully paid can file this affidavit.
The purpose of filing this affidavit is to create a legal claim against the property so that the mechanic or contractor can recover the unpaid amount by either forcing payment or foreclosing on the property.
By filing this affidavit, the mechanic or contractor establishes their right to payment and places a cloud on the property's title, making it difficult for the owner to sell or refinance the property without addressing the unpaid debt.
The affidavit typically requires details such as the name and address of the property owner, a description of the work performed, the date the work was completed, the total amount owed, and the names of any subcontractors or suppliers involved.
Yes, there is a specific time frame within which the affidavit must be filed, usually within six months after the last work was performed or materials were supplied.
More info
Mechanic's liens on your Ohio home can impact your ability to sell or refinance. Cincinnati Building Code and Associated Regulations.Mechanic's liens can be a difficult type of debt. When a tenant moves out, a Notice of Abandoned Personal Property might come into play. Overview. 19 Single Family 0 Condos 0 Town Homes 0 Multi Family 0 Land Parcels 4 Others. Mechanics Lien Ohio Fill Out their Sign Printable PDF.
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Cincinnati Ohio Affidavit for Mechanic's Lien - Individual
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Law summary
Affidavit for Mechanic's Lien - Individual
Note: This summary is not intended to be an all inclusive summary of the law of construction liens in Ohio, but does contain basic and other provisions.
Definitions relative to Ohio Mechanics' Liens as used in sections 1311.01 to 1311.22 of the Revised Code:
(A) "Owner," "part owner," or "lessee" includes all the
interests either legal or equitable, which such person may have in the
real estate upon which the improvements are made, including the interests
held by any person under contracts of purchase, whether in writing or otherwise.
(B) "Materialman" includes any person by whom any materials
are furnished in furtherance of an improvement.
(C) "Laborer" includes any mechanic, workman, artisan, or
other individual who performs labor or work in furtherance of any improvement.
(D) "Subcontractor" includes any person who undertakes to
construct, alter, erect, improve, repair, demolish, remove, dig, or drill
any part of any improvement under a contract with any person other than
the owner, part owner, or lessee.
(E) "Original contractor," except as otherwise provided
in section 1311.011 [1311.01.1] of the Revised Code, includes a construction
manager and any person who undertakes to construct, alter, erect, improve,
repair, demolish, remove, dig, or drill any part of any improvement under
a contract with an owner, part owner, or lessee.
(F) "Construction manager" means a person with substantial
discretion and authority to manage or direct an improvement, provided that
the person is in direct privity of contract with the owner, part owner,
or lessee of the improvement.
(G) "Notice of commencement" means the notice specified
in section 1311.04 of the Revised Code.
(H) "Notice of furnishing" means the notice specified in
section 1311.05 of the Revised Code.
(I) "Materials" means all products and substances including,
without limitation, any gasoline, lubricating oil, petroleum products,
powder, dynamite, blasting supplies and other explosives, tools, equipment,
or machinery furnished in furtherance of an improvement.
(J) "Improvement" means constructing, erecting, altering,
repairing, demolishing, or removing any building or appurtenance thereto,
fixture, bridge, or other structure, and any gas pipeline or well including,
but not limited to, a well drilled or constructed for the production of
oil or gas; the furnishing of tile for the drainage of any lot or land;
the enhancement or embellishment of real property by seeding, sodding,
or the planting thereon of any shrubs, trees, plants, vines, small fruits,
flowers, or nursery stock of any kind; and the grading or filling to establish
a grade.
(K) "Wages" means the basic hourly rate of pay and all other
contractually owed benefits.
(L) "Home construction contract" means a contract entered
into between an original contractor and an owner, part owner, or lessee
for the improvement of any single- or double family dwelling or portion
of the dwelling or a residential unit of any condominium property that
has been submitted to the provisions of Chapter 5311. of the Revised Code;
an addition to any land; or the improvement of driveways, sidewalks, swimming
pools, porches, garages, carports, landscaping, fences, fallout shelters,
siding, roofing, storm windows, awnings, and other improvements that are
adjacent to single- or double family dwellings or upon lands that are adjacent
to single- or double family dwellings or residential units of condominium
property, if the dwelling, residential unit of condominium property, or
land is used or is intended to be used as a personal residence by the owner,
part owner, or lessee.
(M) "Home purchase contract" means a contract for the purchase
of any single- or double family dwelling or residential unit of a condominium
property that has been subjected to the provisions of Chapter 5311. of
the Revised Code if the purchaser uses or intends to use the dwelling,
a unit of a double dwelling, or the condominium unit as his personal residence.
(N) "Lending institution" means any person that enters into
a contract with the owner, part owner, purchaser, or lessee to provide
financing for a home construction contract or a home purchase contract,
which financing is secured, in whole or in part, by a mortgage on the real
estate upon which the improvements contemplated by the home construction
contract are to be made or upon the property that is the subject of the
home purchase contract, and that makes direct disbursements under the contract
to any original contractor or the owner, part owner, purchaser, or lessee.
(O) "Original contractor" includes any person with whom
the owner, part owner, lessee, or purchaser under a home purchase contract
or a home construction contract has directly contracted.
Who My File a Lien?
Pursuant to Ohio statutes, a contractor, subcontractor, or materialman who has provided labor or materials to a construction project may file a lien against the property for the value of the labor performed or materials supplied by filing an Affidavit of Mechanic's Lien. A lien may not be obtained against property when the party claiming the lien has been paid in full before the property owner has received a copy of the lien claimant's Affidavit of Mechanic's Lien. O.R.C. 1311.01(B).
How Long Does a Lien Claimant Have to File a Lien?
An Affidavit for a Mechanic's Lien must be filed within sixty days from the last day of work performed by the party claiming the lien, if the project is a one or two family residential dwelling. Otherwise, the lien claimant has seventy-five (75) days to file for a lien. An exception is liens involving oil and gas leases, which may be filed within one hundred and twenty (120) days. O.R.C.1311.06(B).
What is a Notice of Commencement?
Prior to beginning work on a project which may give rise to a mechanic's lien, the property owner should file a Notice of Commencement with the county recorder in the county where the property is located. A Notice of Commencement is an affidavit which describes the improvements to be made to the property, the legal description of the property, and the names and addresses of all parties involved in the contract, along with some statutory notices, that put potential buyers or lenders on notice that improvements that may cause a lien to be filed are being made. O.R.C. 1311.04(A)(1).
A subcontractor, materialman, or laborer, may make a written request for a copy of the Notice of Commencement, to which the owner is obligated to respond within ten days. O.R.C. 1311.04(D).
What is a Notice of Furnishing?
As a counterpart to the owner's Notice of Commencement is the Notice of Furnishing that must be served by a subcontractor or materialsman on the property owner. A Notice of Furnishing serves to put the owner on notice that the party furnishing labor and materials may be entitled to a lien against the property. O.R.C. 1311.05(A)
If the Notice to Commencement has been filed, a party who wants to preserve their right to file a lien must file their Notice of Furnishing within twenty-one days of the Notice of Commencement being served. O.R.C. 1311.04(I).
How is a Lien Released?
When an Affidavit has been filed and the lien claimant has subsequently been paid, the property owner may file an affidavit attesting to the fact that the lien has been satisfied. The lienholder has thirty days from receipt of this affidavit to file a lien release or be subject to pay the property owner damages as a result. O.R.C. 1311.01(B)(3).
Lending institutions may not release funds to a contractor until that contractor has filed an affidavit stating that the contractor has paid all subcontractors, laborers, and materialmen in full, and that there are no further claims pending against the project. A property owner may issue written demand that the contractor issue this affidavit and may withhold payment until the affidavit is received. O.R.C. 1311.01(B)(4).
If there is a dispute between subcontractors and the principal contractor regarding payment, such that the subcontractor will not release his lien, under Ohio statutes, the property owner is entitled to withhold payment to the principal contractor in the amount of the lien. In response, the principal contractor and lending institution may demand that the lien holder provide them with information regarding the amount of the lien and the dates upon which work was performed. The owner or lending institution may only release payment to the original contractor when the lien holder has given notice that he has been paid, the subcontractor issues a lien release, the original contractor provides a bond, or the time under which a lien may be filed has expired. O.R.C. 1311.01(B)(8).
How Else May a Property Owner Respond to a Lien?
After a lien has been filed, a property owner may serve a Notice to the Lien holder to Commence Suit. Within thirty days of serving the notice the property owner must file the notice with an affidavit indicating how service was accomplished. The lien holder has sixty days after being served to file suit or his lien will be rendered void. O.R.C. 1311.11(B)(3)
Legal definition
Affidavit for Mechanic's Lien - Individual
Note: This summary is not intended to be an all inclusive summary of the law of construction liens in Ohio, but does contain basic and other provisions.
Definitions relative to Ohio Mechanics' Liens as used in sections 1311.01 to 1311.22 of the Revised Code:
(A) "Owner," "part owner," or "lessee" includes all the
interests either legal or equitable, which such person may have in the
real estate upon which the improvements are made, including the interests
held by any person under contracts of purchase, whether in writing or otherwise.
(B) "Materialman" includes any person by whom any materials
are furnished in furtherance of an improvement.
(C) "Laborer" includes any mechanic, workman, artisan, or
other individual who performs labor or work in furtherance of any improvement.
(D) "Subcontractor" includes any person who undertakes to
construct, alter, erect, improve, repair, demolish, remove, dig, or drill
any part of any improvement under a contract with any person other than
the owner, part owner, or lessee.
(E) "Original contractor," except as otherwise provided
in section 1311.011 [1311.01.1] of the Revised Code, includes a construction
manager and any person who undertakes to construct, alter, erect, improve,
repair, demolish, remove, dig, or drill any part of any improvement under
a contract with an owner, part owner, or lessee.
(F) "Construction manager" means a person with substantial
discretion and authority to manage or direct an improvement, provided that
the person is in direct privity of contract with the owner, part owner,
or lessee of the improvement.
(G) "Notice of commencement" means the notice specified
in section 1311.04 of the Revised Code.
(H) "Notice of furnishing" means the notice specified in
section 1311.05 of the Revised Code.
(I) "Materials" means all products and substances including,
without limitation, any gasoline, lubricating oil, petroleum products,
powder, dynamite, blasting supplies and other explosives, tools, equipment,
or machinery furnished in furtherance of an improvement.
(J) "Improvement" means constructing, erecting, altering,
repairing, demolishing, or removing any building or appurtenance thereto,
fixture, bridge, or other structure, and any gas pipeline or well including,
but not limited to, a well drilled or constructed for the production of
oil or gas; the furnishing of tile for the drainage of any lot or land;
the enhancement or embellishment of real property by seeding, sodding,
or the planting thereon of any shrubs, trees, plants, vines, small fruits,
flowers, or nursery stock of any kind; and the grading or filling to establish
a grade.
(K) "Wages" means the basic hourly rate of pay and all other
contractually owed benefits.
(L) "Home construction contract" means a contract entered
into between an original contractor and an owner, part owner, or lessee
for the improvement of any single- or double family dwelling or portion
of the dwelling or a residential unit of any condominium property that
has been submitted to the provisions of Chapter 5311. of the Revised Code;
an addition to any land; or the improvement of driveways, sidewalks, swimming
pools, porches, garages, carports, landscaping, fences, fallout shelters,
siding, roofing, storm windows, awnings, and other improvements that are
adjacent to single- or double family dwellings or upon lands that are adjacent
to single- or double family dwellings or residential units of condominium
property, if the dwelling, residential unit of condominium property, or
land is used or is intended to be used as a personal residence by the owner,
part owner, or lessee.
(M) "Home purchase contract" means a contract for the purchase
of any single- or double family dwelling or residential unit of a condominium
property that has been subjected to the provisions of Chapter 5311. of
the Revised Code if the purchaser uses or intends to use the dwelling,
a unit of a double dwelling, or the condominium unit as his personal residence.
(N) "Lending institution" means any person that enters into
a contract with the owner, part owner, purchaser, or lessee to provide
financing for a home construction contract or a home purchase contract,
which financing is secured, in whole or in part, by a mortgage on the real
estate upon which the improvements contemplated by the home construction
contract are to be made or upon the property that is the subject of the
home purchase contract, and that makes direct disbursements under the contract
to any original contractor or the owner, part owner, purchaser, or lessee.
(O) "Original contractor" includes any person with whom
the owner, part owner, lessee, or purchaser under a home purchase contract
or a home construction contract has directly contracted.
Who My File a Lien?
Pursuant to Ohio statutes, a contractor, subcontractor, or materialman who has provided labor or materials to a construction project may file a lien against the property for the value of the labor performed or materials supplied by filing an Affidavit of Mechanic's Lien. A lien may not be obtained against property when the party claiming the lien has been paid in full before the property owner has received a copy of the lien claimant's Affidavit of Mechanic's Lien. O.R.C. 1311.01(B).
How Long Does a Lien Claimant Have to File a Lien?
An Affidavit for a Mechanic's Lien must be filed within sixty days from the last day of work performed by the party claiming the lien, if the project is a one or two family residential dwelling. Otherwise, the lien claimant has seventy-five (75) days to file for a lien. An exception is liens involving oil and gas leases, which may be filed within one hundred and twenty (120) days. O.R.C.1311.06(B).
What is a Notice of Commencement?
Prior to beginning work on a project which may give rise to a mechanic's lien, the property owner should file a Notice of Commencement with the county recorder in the county where the property is located. A Notice of Commencement is an affidavit which describes the improvements to be made to the property, the legal description of the property, and the names and addresses of all parties involved in the contract, along with some statutory notices, that put potential buyers or lenders on notice that improvements that may cause a lien to be filed are being made. O.R.C. 1311.04(A)(1).
A subcontractor, materialman, or laborer, may make a written request for a copy of the Notice of Commencement, to which the owner is obligated to respond within ten days. O.R.C. 1311.04(D).
What is a Notice of Furnishing?
As a counterpart to the owner's Notice of Commencement is the Notice of Furnishing that must be served by a subcontractor or materialsman on the property owner. A Notice of Furnishing serves to put the owner on notice that the party furnishing labor and materials may be entitled to a lien against the property. O.R.C. 1311.05(A)
If the Notice to Commencement has been filed, a party who wants to preserve their right to file a lien must file their Notice of Furnishing within twenty-one days of the Notice of Commencement being served. O.R.C. 1311.04(I).
How is a Lien Released?
When an Affidavit has been filed and the lien claimant has subsequently been paid, the property owner may file an affidavit attesting to the fact that the lien has been satisfied. The lienholder has thirty days from receipt of this affidavit to file a lien release or be subject to pay the property owner damages as a result. O.R.C. 1311.01(B)(3).
Lending institutions may not release funds to a contractor until that contractor has filed an affidavit stating that the contractor has paid all subcontractors, laborers, and materialmen in full, and that there are no further claims pending against the project. A property owner may issue written demand that the contractor issue this affidavit and may withhold payment until the affidavit is received. O.R.C. 1311.01(B)(4).
If there is a dispute between subcontractors and the principal contractor regarding payment, such that the subcontractor will not release his lien, under Ohio statutes, the property owner is entitled to withhold payment to the principal contractor in the amount of the lien. In response, the principal contractor and lending institution may demand that the lien holder provide them with information regarding the amount of the lien and the dates upon which work was performed. The owner or lending institution may only release payment to the original contractor when the lien holder has given notice that he has been paid, the subcontractor issues a lien release, the original contractor provides a bond, or the time under which a lien may be filed has expired. O.R.C. 1311.01(B)(8).
How Else May a Property Owner Respond to a Lien?
After a lien has been filed, a property owner may serve a Notice to the Lien holder to Commence Suit. Within thirty days of serving the notice the property owner must file the notice with an affidavit indicating how service was accomplished. The lien holder has sixty days after being served to file suit or his lien will be rendered void. O.R.C. 1311.11(B)(3)
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