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Section 1311.01 | Lien Definitions.

Effective: March 30, 2007 Latest Legislation: House Bill 487 – 126th General Assembly As used in sections 1311.01 to 1311.22 of the Revised Code: (A) “Owner,” “part owner,” or “lessee” includes all the interests either legal or equitable, which such person may have in the real estate upon which the improvements are made, including the […]

Section 1311.011 | Liens for Home Construction Work.

Effective: March 30, 2007 Latest Legislation: House Bill 487 – 126th General Assembly (A) As used in this section: (1) “Home construction contract” means a contract entered into between an original contractor and an owner, part owner, or lessee for the improvement of any single- or double-family dwelling or portion of the dwelling or a […]

Section 1311.02 | Lien of Subcontractor, Laborer or Materialman.

Effective: March 30, 2007 Latest Legislation: House Bill 487 – 126th General Assembly Every person who performs work or labor upon or furnishes material in furtherance of any improvement undertaken by virtue of a contract, express or implied, with the owner, part owner, or lessee of any interest in real estate, or the owner’s, part […]

Section 1311.04 | Recording Notice of Commencement.

Effective: March 30, 2007 Latest Legislation: House Bill 487 – 126th General Assembly (A)(1) Prior to the performance of any labor or work or the furnishing of any materials for an improvement on real property which may give rise to a mechanics’ lien under sections 1311.01 to 1311.22 of the Revised Code, the owner, part […]

Section 1311.05 | Subcontractor or Materialman to Serve Notice of Furnishing.

Effective: March 30, 2007 Latest Legislation: House Bill 487 – 126th General Assembly (A) Except as provided in section 1311.04 of the Revised Code and this section, a subcontractor or material supplier who performs labor or work upon or furnishes material in furtherance of an improvement to real property and who wishes to preserve the […]

Section 1311.06 | Affidavit – Time Period for Filing – Contents.

Effective: January 30, 2014 Latest Legislation: House Bill 72 – 130th General Assembly (A) Any person, or the person’s agent, who wishes to avail self of sections 1311.01 to 1311.22 of the Revised Code, shall make and file for record in the office of the county recorder in the counties in which the improved property […]

Section 1311.07 | Copy of Affidavit to Be Served on Owner or Lessee.

Effective: April 10, 1991 Latest Legislation: House Bill 238 – 118th General Assembly Any person filing an affidavit pursuant to section 1311.06 of the Revised Code shall serve a copy of the affidavit on the owner, part owner, or lessee of the improved property or his designee, within thirty days after filing the affidavit. If […]

Section 1311.09 | Lien When Contracting Person Has No Title to Land Improved.

Effective: April 10, 1991 Latest Legislation: House Bill 238 – 118th General Assembly Any person performing labor or work or furnishing material for the erection of a new building or structure upon land to which the person contracting for the erection has no legal title or to which the title is defective, has a lien […]

Section 1311.10 | Presumptions.

Effective: April 16, 1993 Latest Legislation: Senate Bill 338 – 119th General Assembly (A) Any person who contracts for an improvement to real property which gives rise to lien rights under sections 1311.01 to 1311.22 of the Revised Code is presumed to be the authorized agent of all part owners of the real property, except […]

Section 1311.11 | Notifying Lienholder to Commence Suit.

Effective: April 10, 1991 Latest Legislation: House Bill 238 – 118th General Assembly (A)(1) The owner, part owner, lessee, mortgagee, or any other person with an interest in real property upon which a lien has been taken, or any original contractor or subcontractor who has provided a bond, cash deposit, general obligation of any state […]

Section 1311.12 | When Lien for Furnishing Materials Arises.

Effective: March 30, 2007 Latest Legislation: House Bill 487 – 126th General Assembly (A) A mechanic’s lien for furnishing materials arises under sections 1311.01 to 1311.22 of the Revised Code only if the materials are: (1) Furnished with the intent, as evidenced by the contract of sale, the delivery order, delivery to the site by […]

Section 1311.13 | Attaching of Liens – Continuance and Priority.

Effective: March 30, 2007 Latest Legislation: House Bill 487 – 126th General Assembly (A)(1) All liens under sections 1311.01 to 1311.22 of the Revised Code for labor or work performed or materials furnished to the same improvement prior to the recording of the notice of commencement pursuant to section 1311.04 of the Revised Code are […]

Section 1311.14 | Priority of Mortgage Lien.

Effective: March 30, 2007 Latest Legislation: House Bill 487 – 126th General Assembly (A) Except as provided in this section, the lien of a mortgage given in whole or in part to improve real estate, or to pay off prior encumbrances thereon, or both, the proceeds of which are actually used in the improvement in […]

Section 1311.16 | Proceeding by Person Holding Mechanic’s Lien.

Effective: April 10, 1991 Latest Legislation: House Bill 238 – 118th General Assembly Any person holding a mechanic’s lien, in addition to the remedies provided for in sections 1311.01 to 1311.22 of the Revised Code, may proceed by petition, as in other cases of liens, against the owner and all other persons interested, either as […]

Section 1311.17 | Adjustment of Claim When Owner Fails to Perform.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly When the owner, part owner, or lessee fails to perform his part of the contract, and by reason thereof the other party without his default, is prevented from completely performing his part, he is entitled to a reasonable compensation for as much […]

Section 1311.18 | Sale of Part of Premises.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly Under section 1311.16 of the Revised Code, if any part of the premises can be separated from the residue and sold without damage to the whole, and if the value thereof is sufficient to satisfy all the claims proved in the case, […]