Ohio (OH)

Ohio lien waiver requirements

Ohio has no statutory lien waiver form, so the words on your waiver decide the dispute.

Ohio Revised Code Chapter 1311

The short version

Ohio Revised Code Chapter 1311 governs mechanic's liens but doesn't prescribe a waiver form. That puts every word of the waiver under a microscope. Get the conditional vs unconditional language right, get the through-date right, and tie the release to a specific dollar amount. On residential work, the deadline is shorter (60 days vs 75), so timing matters as much as wording.

At a glance

ORC Chapter 1311: governs mechanic's liens
No statutory lien waiver form
75-day lien deadline on commercial, 60 days on residential
Original Contractor's Affidavit required for lender disbursements

What Ohio law actually requires

Chapter 1311 sets the rules for filing and enforcing a lien, but doesn't publish a waiver form. Most claimants use a plain-English partial waiver that names the claimant, the project, the through-date, and the dollar amount. Use 'conditional' when you want the release to depend on the payment clearing.

Ohio does require an Original Contractor's Affidavit when a lender funds a draw to the original contractor. That's separate from a lien waiver, but it operates in the same workflow. Don't confuse the two documents.

Deadlines drive the Ohio workflow

On commercial projects, a lien claim must be recorded within 75 days of the claimant's last day of work. On owner-occupied 1-to-2-family residential projects, the deadline is 60 days. Both deadlines run from last furnishing, not from a notice or invoice date.

After recording, the claimant has 30 days to serve a copy on the owner. A waiver workflow that doesn't keep pace with those deadlines hands the sub a clean shot at the property.

Common Ohio mistakes

Treating the Original Contractor's Affidavit as a lien waiver. They serve different functions and a lender's affidavit doesn't release sub-tier claims.

Missing the 60-day residential deadline. Builders running both commercial and residential pipelines often calendar the 75-day rule and get caught.

Sending an unconditional waiver before the check clears. Ohio doesn't write a bold notice into the form, but the legal risk is the same.

Questions

Does Ohio require a statutory lien waiver form?

No. ORC Chapter 1311 does not prescribe a lien waiver form. A plain-English partial or final waiver tied to a specific payment is the working standard.

What is the Original Contractor's Affidavit in Ohio?

It's a separate document required when a lender disburses a draw to the original contractor. It is not a substitute for a lien waiver from a sub or supplier.

What is the deadline to file an Ohio mechanic's lien?

75 days from last furnishing on commercial projects. 60 days on owner-occupied 1-to-2-family residential projects. The deadline runs from the last day of work, not from invoice or notice.

Send a Ohio waiver in two minutes.

The right form, the right notice, signed on a phone. Released when the check clears.

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