Ohio Construction Document Management

Ohio Notice of Commencement (ORC § 1311.04)

Under Ohio Revised Code § 1311.04, an owner, part owner, or lessee who contracts for labor, work, or materials must record a Notice of Commencement in the office of the county recorder for each county where the real property is located. This must be done prior to the performance of any labor or work or the furnishing of any materials for an improvement that may give rise to a mechanics’ lien.

What the Notice of Commencement Must Contain

Under ORC § 1311.04(B), the notice must be in affidavit form and include:

• The legal description of the real property
• A brief description of the improvement
• The name, address, and capacity of the owner, part owner, or lessee contracting for the improvement
• The name and address of the fee owner (if the contracting party is a land contract vendee or lessee)
• The name and address of the owner’s designee, if any
• The name and address of all original contractors
• The date the owner first executed a contract with an original contractor
• The name and address of all lending institutions providing financing
• The name and address of all sureties on any payment bond

The 2025 Amendment

Effective September 30, 2025, House Bill 96 amended ORC § 1311.04 to change the default expiration date of a Notice of Commencement from six years to four years. The notice must now contain the statement: “The expiration date for this notice of commencement is four years from the date of recording unless a different date is specified herein.”

What Happens If No Notice of Commencement Is Recorded

If no Notice of Commencement is recorded, subcontractors and material suppliers are not required to serve a Notice of Furnishing. However, they must still record an Affidavit for Mechanics’ Lien within the statutory deadline to preserve lien rights.

Ohio Notice of Furnishing (ORC § 1311.05)

Under ORC § 1311.05, a subcontractor or material supplier who performs labor or furnishes material in furtherance of an improvement to real property and who wishes to preserve lien rights shall serve a Notice of Furnishing upon the owner’s designee named in the Notice of Commencement and the original contractor.

The 21-Day Deadline

The notice must be served within twenty-one days after performing the first labor or work or furnishing the first materials. If the owner fails to record the Notice of Commencement, the time for serving the Notice of Furnishing is extended until twenty-one days after the Notice of Commencement has been recorded.

Who Is Exempt from Serving a Notice of Furnishing?

Under ORC § 1311.05, the following parties are not required to serve a Notice of Furnishing:

• Original contractors who contract directly with the owner, part owner, or lessee
• Material suppliers in direct privity of contract with the owner, part owner, or lessee
• Subcontractors or material suppliers in direct privity of contract with the original contractor (they do not have to serve the notice on the original contractor, but they may still need to serve the designee)

What Happens If You Miss the 21-Day Deadline

Failing to meet this 21-day deadline limits your lien claim only to the work performed within the 21 days immediately preceding the late notice, plus all future work. Ohio courts strictly enforce this deadline, and a late notice does not void the lien entirely — it simply narrows the scope of work that can be claimed.

Using MyCrewTracker’s Daily Reports, field supervisors generate a verifiable, date-stamped log of when work actually began on site, ensuring your back office accurately tracks the 21-day window and securely archives the certified mail delivery receipts via Quick Docs.

Ohio Lien Deadlines at a Glance

Missing a single deadline in Ohio can void your lien rights entirely. The table below summarizes the statutory deadlines every Ohio contractor, subcontractor, and material supplier must track.

How to File a Mechanics’ Lien in Ohio: Step by Step

The process below reflects the standard path for an Ohio subcontractor, material supplier, or laborer seeking to preserve and enforce lien rights under Chapter 1311 of the Ohio Revised Code.

1. Log your first day of work. The 21-day Notice of Furnishing clock starts from your first day of furnishing labor or materials. MyCrewTracker’s Daily Reports timestamp this automatically.

2. Check for a Notice of Commencement. Search the county recorder’s office for a recorded Notice of Commencement. If one exists, you must serve a Notice of Furnishing.

3. Prepare and serve the Notice of Furnishing. Under ORC § 1311.05, serve the notice on the owner’s designee and the original contractor within 21 days of first furnishing. The notice must be in substantially the form specified by statute.

4. Track the last day of work. Ohio’s filing clock starts from the last date you furnished labor or materials. The deadline is 60 days for residential projects, 75 days for commercial projects, and 120 days for projects under § 1311.021.

5. Prepare the Affidavit for Mechanics’ Lien. Under ORC § 1311.06, the affidavit must show the amount due, a description of the property, the name and address of the person for whom the labor was performed, the name of the owner, the name and address of the lien claimant, and the first and last dates of furnishing.

6. Record the affidavit with the County Recorder. Ohio mechanics’ liens are recorded at the county level. File in the office of the county recorder where the improved property is located.

7. Serve a copy of the affidavit on the owner. Under ORC § 1311.07, serve a copy of the recorded affidavit on the owner within 30 days of recording.

8. Commence suit within 6 years. Under ORC § 1311.13(C), liens continue in force for six years after the affidavit is filed. If an action is brought to enforce the lien within that time, the lien continues in force until final adjudication.

9. Preserve all project documentation. Daily reports, delivery tickets, change orders, and photos become evidence in the enforcement action.

Documents to Preserve for an Ohio Lien Claim

Ohio courts require proof that you furnished labor or materials and that they were incorporated into the property. The following records are what you need:

• Signed contract or purchase order with the prime contractor
• Certified mail receipts for the Notice of Furnishing
• Delivery tickets signed by an authorized site representative
• Daily reports showing crew on site and work performed
• Photo evidence of installed work (timestamped and geotagged)
• Jobsite sign-in logs and crew attendance records
• Invoices, statements, and payment applications
• Email or text correspondence about scope and payment
• Change orders and extra work authorizations
• Written demand letters and any response

MyCrewTracker stores all of these in one project record. When a lien deadline approaches, the back office can generate the timeline needed to prepare the affidavit without reconstructing months of field activity.

Ohio-Specific Gotchas

The 21-day Notice of Furnishing is a strict prerequisite. Ohio courts have consistently held that failure to serve the Notice of Furnishing within the 21-day window limits the lien claim to the work performed in the 21 days before the late notice, plus future work. This can eliminate most of the lien claim for a subcontractor who has been on site for months.

Ohio has no pre-lien notice requirement if no Notice of Commencement is recorded. If the owner fails to record a Notice of Commencement, subcontractors and suppliers are not required to serve a Notice of Furnishing. However, they must still record the Affidavit for Mechanics’ Lien within the statutory deadline.

The filing deadline differs by project type. Residential projects have 60 days from last furnishing; commercial projects have 75 days; projects under § 1311.021 have 120 days. There are no extensions.

The 30-day service requirement is often overlooked. After recording the Affidavit for Mechanics’ Lien, you must serve a copy on the owner within 30 days. Failure to do so can dissolve the lien.

The 6-year enforcement deadline is absolute. ORC § 1311.13(C) gives you exactly six years from the date the affidavit is recorded to commence an action. If the owner serves a demand to commence suit, the deadline shortens to 60 days after service. Set calendar reminders at 4 years and 5 years.

Retainage on private projects is not capped by statute. Unlike public projects, Ohio does not impose a statutory cap on retainage for private construction contracts. However, HB 568 has proposed a 5% cap for private projects exceeding $1 million. Contractors should negotiate retainage terms carefully.

Construction defect statute of repose. Ohio’s statute of repose for construction defects is 10 years from substantial completion under ORC § 2305.131. If a defective condition is discovered during the 10-year period but less than two years before expiration, the claimant has two years from discovery to file suit. Retain project records for at least 10 years.

Prompt Payment Act applies only to projects other than 1-3 family dwellings. ORC § 4113.61 does not apply to the construction or improvement of single-, two-, or three-family detached dwelling houses.

Interest penalty is 18% per annum. If a contractor fails to pay a subcontractor within 10 calendar days of receiving payment from the owner, the contractor must pay interest at 18% per annum on the unpaid amount, beginning on the 11th day following receipt of payment.

Example Scenario: How Documentation Determines the Outcome

*The following is an illustrative scenario, not a specific case. It demonstrates how record-keeping affects outcomes in Ohio lien disputes.*

Consider a Columbus mechanical subcontractor on a $500,000 commercial office renovation. The owner records a Notice of Commencement on March 1. The sub first furnishes labor on March 5. Under ORC § 1311.05, the 21-day Notice of Furnishing must be served by March 26. The sub serves it via certified mail on March 20. The green card returns signed on March 24.

The sub’s last day of substantial work is August 15. Under ORC § 1311.06(B)(3), the sub has 75 days from August 15 to record the Affidavit for Mechanics’ Lien with the Franklin County Recorder. That deadline is October 29. The sub records the affidavit on October 20 and serves a copy on the owner on November 15 — within the 30-day service window.

Under ORC § 1311.13(C), the sub has 6 years from October 20 to commence an action to enforce the lien. That deadline is October 20 six years later. The sub files suit on June 15 of the following year, well within the window. The lien is enforceable.

Now consider the Prompt Payment Act side. The general contractor received a $500,000 progress payment from the owner on July 1. Under ORC § 4113.61, the GC had 10 calendar days to pay the sub — by July 11. The GC failed to pay. The sub is entitled to the amount owed plus 18% annual interest from July 12 until the check is drawn.

Documentation is what separates these outcomes. MyCrewTracker logs the first day of work, the Notice of Furnishing service date, the recording date, and the daily reports that prove performance.

Ohio Prompt Payment Act (ORC § 4113.61)

Cash flow delays are heavily regulated in Ohio under the state’s Prompt Payment Act. Under ORC § 4113.61, when a subcontractor or material supplier submits the required payment application, request, or invoice in sufficient time for the contractor to include it in the contractor’s own payment request to the owner, the contractor generally must make the required payment within 10 calendar days after receiving payment from the owner.

What the Ohio Prompt Payment Act Requires

• 10-day payment: Contractors must pay subcontractors and material suppliers within 10 calendar days of receiving payment from the owner
• Interest penalty: If the contractor fails to comply, the contractor must pay interest at 18% per annum on the payment due, beginning on the 11th day following receipt of payment from the owner
• Permitted withholding: The contractor may reduce the amount paid by any retainage provision and may withhold amounts necessary to resolve disputed liens or claims

Exceptions and Limitations

ORC § 4113.61 does not apply to the construction or improvement of single-, two-, or three-family detached dwelling houses. The statute also contains provisions for final retainage and lower-tier subcontractors.

To enforce these rights or defend against claims of payment failure, contractors must maintain flawless documentation. MyCrewTracker offers a secure cloud repository where Ohio contractors can organize dated payment applications, bank disbursement records, and formal communications to prove statutory compliance.

Ohio Lien Discharge Bonds (ORC § 1311.11)

Ohio property owners have a statutory right to discharge a mechanics’ lien by filing a bond or cash deposit with the court. Under ORC § 1311.11, the owner may file a bond, cash deposit, or other acceptable security in an amount equal to one and one-half times the amount of the lien. If the court approves the deposit, the cash deposit is substituted for the security of the lien, and the lien is void and the property wholly discharged from the lien.

Contractors and suppliers should be aware of this process because it can happen without their consent — the property owner simply needs to post the bond. The claim remains enforceable, but against the surety rather than the property.

What MyCrewTracker Does (and Does Not Do) in Ohio

MyCrewTracker is a construction documentation platform, not a legal service. Here is what it does for Ohio contractors:

• Logs first day and last day of work per project so you can calculate the 21-day Notice of Furnishing deadline and the 60/75/120-day filing window
• Stores certified mail receipts and Notice of Furnishing documents in the project file
• Records delivery tickets with photo and signature capture
• Captures timestamped, GPS-tagged site photos that document installation
• Generates daily report PDFs that serve as contemporaneous records
• Tracks payment application dates for Prompt Payment Act compliance
• Archives project records for 10+ years to support construction defect defense

It does not draft Notices of Furnishing, file Affidavits for Mechanics’ Liens with the county recorder, or provide legal advice. Those steps require an Ohio construction attorney.