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 interests held by any person under contracts of purchase, whether in writing or otherwise.
(B) "Material supplier" includes any person by whom any materials are furnished in furtherance of an improvement.
(C) "Laborer" includes any mechanic, worker, artisan, or other individual who performs labor or work in furtherance of any improvement.
(D) "Subcontractor" includes any person who undertakes to construct, alter, erect, improve, repair, demolish, remove, dig, or drill any part of any improvement under a contract with any person other than the owner, part owner, or lessee.
(E) "Original contractor," except as otherwise provided in section 1311.011 of the Revised Code, includes a construction manager and any person who undertakes to construct, alter, erect, improve, repair, demolish, remove, dig, or drill any part of any improvement under a contract with an owner, part owner, or lessee.
(F) "Construction manager" means a person with substantial discretion and authority to manage or direct an improvement, provided that the person is in direct privity of contract with the owner, part owner, or lessee of the improvement.
(G) "Notice of commencement" means the notice specified in section 1311.04 of the Revised Code.
(H) "Notice of furnishing" means the notice specified in section 1311.05 of the Revised Code.
(I) "Materials" means all products and substances including, without limitation, any gasoline, lubricating oil, petroleum products, powder, dynamite, blasting supplies and other explosives, tools, equipment, or machinery furnished in furtherance of an improvement.
(J) "Improvement" means constructing, erecting, altering, repairing, demolishing, or removing any building or appurtenance thereto, fixture, bridge, or other structure, and any gas pipeline or well including, but not limited to, a well drilled or constructed for the production of oil or gas; the furnishing of tile for the drainage of any lot or land; the excavation, cleanup, or removal of hazardous material or waste from real property; the enhancement or embellishment of real property by seeding, sodding, or the planting thereon of any shrubs, trees, plants, vines, small fruits, flowers, or nursery stock of any kind; and the grading or filling to establish a grade.
(K) "Wages" means the basic hourly rate of pay and all other contractually owed benefits.
Structure Ohio Revised Code
Title 13 | Commercial Transactions
Section 1311.01 | Lien Definitions.
Section 1311.011 | Liens for Home Construction Work.
Section 1311.02 | Lien of Subcontractor, Laborer or Materialman.
Section 1311.021 | Lien for Labor or Work or Materials Upon Oil or Gas Well or Facilities.
Section 1311.03 | Lien Upon Street, Turnpike, Road, Sidewalk, Way, Drain, Ditch or Sewer.
Section 1311.04 | Recording Notice of Commencement.
Section 1311.05 | Subcontractor or Materialman to Serve Notice of Furnishing.
Section 1311.06 | Affidavit - Time Period for Filing - Contents.
Section 1311.07 | Copy of Affidavit to Be Served on Owner or Lessee.
Section 1311.08 | Lien When Improvement Situated on Same or Contiguous or Adjacent Lots.
Section 1311.09 | Lien When Contracting Person Has No Title to Land Improved.
Section 1311.10 | Presumptions.
Section 1311.11 | Notifying Lienholder to Commence Suit.
Section 1311.12 | When Lien for Furnishing Materials Arises.
Section 1311.13 | Attaching of Liens - Continuance and Priority.
Section 1311.14 | Priority of Mortgage Lien.
Section 1311.16 | Proceeding by Person Holding Mechanic's Lien.
Section 1311.17 | Adjustment of Claim When Owner Fails to Perform.
Section 1311.18 | Sale of Part of Premises.
Section 1311.20 | Damages for Neglect or Refusal to Release Lien.
Section 1311.22 | Liberal Construction.
Section 1311.23 | Lien Upon Mines for Labor.
Section 1311.25 | Public Improvement Definitions.
Section 1311.251 | Claim for Furnishing Materials.
Section 1311.252 | Notice of Commencement - Affidavit.
Section 1311.26 | Subcontractor, Materialman or Laborer May Serve Affidavit on Public Authority.
Section 1311.261 | Notice of Furnishing.
Section 1311.28 | Public Authority to Detain Funds Upon Receipt of Affidavit - Escrow Account.
Section 1311.31 | Action by Claimant to Enforce Payment.
Section 1311.311 | Notice to Commence Suit.
Section 1311.32 | Enforcement by Civil Action.
Section 1311.34 | Laborers Shall Have Lien Upon Real Property of Employer.
Section 1311.35 | Waiver of Lien.
Section 1311.36 | Enforcement and Priority of Liens.
Section 1311.37 | When General Employer Assumes Payment.
Section 1311.38 | Definition of Owner.
Section 1311.39 | Liens Against a Railroad Company.
Section 1311.40 | Priority of Payment in Contracts for Railroad Work.
Section 1311.42 | Perfecting a Lien.
Section 1311.43 | Proceeding After Filing Affidavit.
Section 1311.44 | Proceeding by Petition.
Section 1311.45 | Contractor to Be Notified of Time of Payment.
Section 1311.46 | Adjusting Disputed Claims.
Section 1311.47 | Others Who May Claim Liens.
Section 1311.48 | Lien for Care of Animals.
Section 1311.49 | Sale of Animal to Satisfy Claim.
Section 1311.50 | Lien Upon Get for Service.
Section 1311.51 | Enforcement of Lien.
Section 1311.55 | Agricultural Product Lien.
Section 1311.56 | Perfection of Producer's or Handler's Lien - Affidavit.
Section 1311.57 | Priority and Duration of Lien.
Section 1311.59 | Rights of Executors, Administrators, Part Owners, and Lessees.
Section 1311.71 | Aircraft Definitions.
Section 1311.72 | Lien for Labor or Materials for Aircraft.
Section 1311.74 | Service of Copy of Affidavit on Owner.
Section 1311.75 | Priority of Liens.
Section 1311.76 | Enforcement and Priority of Liens - Claimant to Give Notice of Release.
Section 1311.77 | Owner May Obtain Release of Aircraft by Filing Surety Bond.
Section 1311.78 | Notifying Lien Claimant to Commence Suit.
Section 1311.79 | Maintaining Lien After Notice to Commence Suit.
Section 1311.80 | Award of Attorney's Fees.
Section 1311.85 | Broker's Lien on Commercial Realty Definitions.
Section 1311.86 | Broker's Lien on Commercial Real Estate.
Section 1311.87 | Perfection of Lien.
Section 1311.88 | Proceedings to Enforce Lien.
Section 1311.89 | Sale of Foreclosed Property - Alternative Dispute Resolution.
Section 1311.90 | Broker to Record Release or Satisfaction.
Section 1311.91 | Priority of Mechanic's Liens.
Section 1311.92 | Transfer of Lien Property - Escrow Account.