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Lien waivers by state · Ohio

Ohio lien waiver requirements

Ohio is a non-statutory state

Ohio does not provide a statutory lien-waiver form and does not mandate any particular waiver language or timing — parties are free to word waivers as they wish under ordinary contract principles, and Ohio even permits advance/pre-furnishing waivers by contract. Because waivers are largely unregulated, a signed waiver is generally effective to release lien rights regardless of its form, so claimants should review them carefully before signing.

Statute: Ohio Rev. Code Ch. 1311 (mechanics' liens); waivers governed by general contract law (no statute prescribes waiver form/language)

Ohio lien waiver forms

The four standard waiver-and-release types and Ohio’s rules for each.
Waiver type	Statutory form?	Notarized?
Conditional waiver and release on progress payment
Unconditional waiver and release on progress payment
Conditional waiver and release on final payment
Unconditional waiver and release on final payment

Requirements at a glance

Notarization: Ohio law does not require lien waivers to be notarized to be valid. A paying party may request notarization by contract, but it is not statutorily mandated.
Mandatory statutory language: Ohio prescribes no mandatory statutory waiver language. To be effective a waiver generally must show a clear, express intention to waive lien rights, be signed by the waiving party, and identify the amount and property — but the specific wording is left to the parties.
Electronic signatures accepted

Key Ohio deadlines

Preliminary / pre-lien notice: Notice of Furnishing: parties not in direct contract with the owner (e.g., subcontractors/suppliers) should serve it within 21 days of first furnishing labor or materials (Ohio Rev. Code § 1311.05); required only where the owner has recorded a Notice of Commencement, and exempt on owner-occupied 1-2 (some sources 1-3) family residential and condominium projects.
Notice of intent to lien: No statutory notice of intent to lien is required in Ohio before filing. (After recording, a copy of the lien affidavit must be served on the owner within 30 days under Ohio Rev. Code § 1311.07.)
Mechanics lien filing deadline: Commercial/other projects: within 75 days of the claimant's last furnishing of labor or materials. Owner-occupied residential (1-2 family dwellings / condominiums): within 60 days. (Ohio Rev. Code § 1311.06)

Ohio lien waiver FAQ

Does Ohio require a specific lien waiver form?

No. Ohio does not provide a statutory lien-waiver form and does not mandate any particular language or timing; waivers are governed by general contract law, so parties may word them freely.

Do lien waivers need to be notarized in Ohio?

No. Ohio law does not require lien waivers to be notarized to be valid, though a paying party can request notarization by agreement.

Can lien waivers be signed electronically in Ohio?

Yes. Ohio has adopted the Uniform Electronic Transactions Act (Ohio Rev. Code Ch. 1306), and electronic signatures on lien waivers are treated as valid as handwritten ones.

What is the deadline to file a mechanics lien in Ohio?

On commercial (and other non-owner-occupied) projects, the mechanics-lien affidavit must be filed within 75 days of the last furnishing of labor or materials; on owner-occupied 1-2 family residences and condominiums the deadline is 60 days (Ohio Rev. Code § 1311.06).