Lien or Contractor’s Affidavit-Private Works

Warning: All information contained within this data base is subject to change at any time by the various states and is not guaranteed in any way by FWM Software., Nor does FWM Software assume any liability or responsibility for its content. Please use in conjunction with advice from your attorney.

Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Document Title: Lien or Contractor's Affidavit.

Scope: State of Ohio, Private Works.

Time Constraints: If you are a subcontractor or material man, you must have served the owner with a notice of furnishing labor, materials or equipment, or you cannot make a lien claim. See the Ohio Preliminary Notice, Private Work Memo for more information.

The time to file depends on the type of project you are supplying:

1) If the lien arises in connection with a family dwelling of 3 units or less, or a condominium, or in connection with a home purchase contract, file your lien claim within 60days of your last furnishing of labor, materials or services. Serve a copy of the lien upon the owners within 30days of filing the lien;

2) If your furnishing was materials, equipment or supplies to oil wells, derricks or tanks, file your lien claim within120 days of your last furnishing of labor, materials or services. Serve a copy of the lien upon the owners within 30days of filing the lien;

3) If the lien arises in connection with furnishing materials, equipment or supplies to railroads, file your claim within 40 days from the date on which the last materials, equipment or supplies were furnished. Serve a copy of the lien on the owner within 10 days of filing the lien;

4) If the lien conditions are not covered by items 1-3 above, then file your lien within 75 days of your last furnishing of labor, materials, equipment or services, except you may not file a lien more than 60 days after the completion of the project. Serve a copy of the lien upon the owner within 30 days of filing the lien.

All cases: Your claim must be filed with the Office of the Recorder in the county where the project is located. Service on owners should be done by certified mail or personal service.

Perfection: File suit within 6 years after recording the lien.

Special Note: If the land is registered under the Ohio Registered Land Statutes Act (Torrens Law) you cannot actually lien the property until the recorder notes the lien of record. Further, if the property is residential or condominium (as noted above) and the owner has paid the prime contractor in full prior to receipt your Mechanic’s Lien claim, you may have no right to a Mechanic's Lien.

Payment Bond: Where a Payment Bond has been provided by a surety, file within the time frame as stated in the bond.

The usual remedy is to file to enforce all claims in one suit (see below, Procedures). In any case, we strongly recommend that your attorney handle the enforcement actions to perfect your lien claims.

Information Requirements: Program information and information for Exhibits A-D, any additional costs as to legal fees, court costs and interest charges (do not pass these up. Estimate if necessary. In the case of Bond Claims, the sureties will reserve only the amount for which you make claim), and the county of the state where the recording will be made.

Form Types: Lien or Contractor's Affidavit, Exhibit's A-D, if needed, and Recorder's Letter (to file the lien).

Procedures: Prepare your documents using the required information. File your Lien or Contractor's Affidavit and serve upon the owners (the prime contractors and on your customer are optional) within the time frames stated above. At this point you are ready enforce all of your claims in one action.

Created with the Personal Edition of HelpNDoc: Easily create PDF Help documents