Lien Affidavit Requirements
Requirements for Filing the Affidavit of Mechanic’s
Lien
In the event that the contract is breached
and payment is not received, an affidavit for mechanic's lien
may be filed to place a lien on the project.
The affidavit of mechanic's lien must include
(a) the amount due over and above all set-offs, (b) a description
of the property subject to the lien, (c) the name and address
of the person to whom the work was performed or the material
provided, (d) the name and address of the owner, (e) the name
and address of the lien claimant, and (f) the first and last
dates that work was performed or supplies were provided. Form
attached.
The lien must be filed with the county recorder's
office where the project is located within 75 days of the
date last worked on the project, unless the lien is for a
residential dwelling (60 days) or a oil, gas, or injection
well (120 days).
Practical pointers:
- The lien must be filed even if the owner
did not file a Notice of Commencement.
When is the last day for a materialman or
contractor? Practical pointers:
- A contractor's last day of work is when
its job is complete. Therefore, punchlist work will qualify
for extending the last day worked, whereas warranty work
will not.
- For material suppliers the test is need.
Was the material needed to complete the job? If so, lien
may be filed within 75 days of delivery.
In order to perfect the mechanic’s lien, the
lien must be served pursuant to the statute.
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Fortney
& Klingshirn
4040 Embassy Parkway, Suite
280
Akron, Ohio 44333
telephone 330-665-5445 - fax 665-5446
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