Who Can File a Mechanic’s Lien?

Mechanic’s Liens, as established by the Ohio Mechanic's Lien Statutes are available to Construction Managers, Original Contractors, Subcontractors, Suppliers and Laborers (all as defined by Ohio Revised Code Section 1311.01 or Ohio Revised Code Section 1311.011 for certain residential projects), who have supplied labor or labor and materials, pursuant to a contract (written or verbal), in furtherance of a privately owned construction project. There are similar liens (Affidavits for Claim) which can be filed on State or local construction projects. Neither Mechanic’s Liens nor Affidavits for Claim are available on Federal Construction projects (only Miller Act Bond Claims are available on Federal Construction projects – an article will be published soon on Miller Act Bond Claims. If you just can’t wait, please email me at RORourke@ORourke-law.com . I will expedite the article and send you a link by return email).

It is generally thought that while any subcontractor supplying labor or labor and materials may file a mechanic’s lien, no matter how distant they are from the Original Contractor, a material supplier to a material supplier has no lien rights. While there is a line of cases that recognizes this principle, it is not proscribed by statute (in fact it implies just the opposite), the principle appears to have been intended to relate to fungible goods (like crushed limestone or cement as ingredients in concrete, which while delivered to the supplier, is likely not to have been sold specifically for or used in only one job), not an item specifically ordered for the project and readily identifiable (a boiler or windows, something that is readily identifiable as containing a serial number, trade mark, name or something else that would show that the product is actually the product claimed in the Mechanic’s Lien.

For the rules for actually filing a Mechanic’s Lien, please read the Article: What is a Mechanic's Lien and How do I File One?To read other articles which have been published in the Builders Exchange Magazine on Mechanic’s Liens and other construction law topics, please visit Ohio Lien Law - BX Magazine Articles. To view current Mechanic’s Lien filings in most of the larger counties in Ohio, please visit Construction Credit News . The postings of new mechanic’s liens and lawsuits is changed weekly, so check back regularly to see what is new.

This is not intended to be legal advice and we have not created an attorney/client relationship by this posting. The specifics of your case or the law of your State may change the answer. Please consult your attorney for an accurate answer.