Wednesday, December 18, 2013

Ohio's Mechanic Lien

In Ohio, liens filed on private property or on funds relating to a public project are known as Ohio mechanic's liens. When an Ohio mechanics lien is filed with regard to work performed on privately owned property, it attaches to and encumbers the fee simple ownership of property. When an Ohio mechanics lien is filed with regard to work performed on a publicly or government owned property, it attaches to the fund of money which the public agency has allocated for a project. The reason for this is that you cannot force the sale of publicly owned land (public agencies mean any county, city, town, township, public commission, public board or other municipality authorized by law to make contracts for the making of any public improvement in any city, town, township or other municipality).
Contractors, as well as subcontractors, sub-subcontractors and suppliers who have a contract with a general contractor or a subcontractor can file an Ohio mechanics lien.

 Pre-lien notices are not required for contractors. Subcontractors, including those who contract with or supply to direct subcontractors, should file a Notice of Furnishing within 21 days after their first work in order to preserve their Ohio construction lien rights. The same is true on public improvements.

 An Ohio mechanics' liens on private property is perfected by the filing of an affidavit for lien, which must be filed within 75 days from the date on which the last work was performed. A copy of the affidavit must be served on the owner within 30 days after the filing.
Ohio mechanics' liens with regard to public projects must be filed within 120 days of the last labor, work or materials are furnished.

No comments:

Post a Comment