Dear Clients,

As part of our commitment to keeping you informed, we want to share essential details regarding Ohio construction laws related to placing liens. Staying up‐to‐date with these regulations is crucial for protecting your interests in construction projects.

In Ohio, mechanics' liens are a powerful tool for contractors, subcontractors, and suppliers to secure payment for services and materials provided on a construction project. Here are the key points you need to know as of 2024:

1. Eligibility for Filing a Lien

To file a lien in Ohio, you must be a contractor, subcontractor, or material supplier who has provided labor or materials for a construction project. This applies to residential, commercial, and industrial projects.

2. Notice Requirements

Before filing a lien, certain notice requirements must be met:

• Notice of Furnishing: Subcontractors and suppliers must send a "Notice of Furnishing" to the property owner and the general contractor within 21 days of starting work or delivering materials. This notice establishes your right to file a lien.
• Notice of Intent to Lien: While not mandatory, sending a "Notice of Intent to Lien" is advisable. This alerts the property owner of your intent to secure payment through a lien if necessary.

3. Filing the Lien

To file a lien:

• You must submit a lien affidavit to the appropriate county recorder's office within six months of the last date you provided labor or materials.
• The affidavit should include specific details about the work performed, materials supplied, and the amount owed.

4. Enforcement of the Lien

If payment is not received after filing the lien, you may need to enforce it through legal action. In Ohio, you must file a lawsuit to foreclose the lien within six months of filing the lien affidavit.

5. Recent Legislative Updates

In 2024, new provisions have been added to enhance transparency in the lien process:

• Enhanced Electronic Filing Options: Ohio now allows electronic filing of lien affidavits, streamlining the process for contractors and suppliers.
• Increased Penalties for Noncompliance: Property owners who fail to respond to notices may face increased penalties, encouraging timely communication and payment.

Understanding the lien process is essential for safeguarding your rights and ensuring payment for your work. Failing to adhere to the notice requirements or deadlines can jeopardize your ability to secure payment.

We encourage you to review your contracts and project involvement to ensure compliance with Ohio's updated lien laws. If you have questions regarding these changes or how they may impact your situation, please don't hesitate to reach out.

We're here to provide support and help you navigate these important regulations.