Ohio Revised Code
Chapter 1311 | Liens
Section 1311.021 | Lien for Labor or Work or Materials Upon Oil or Gas Well or Facilities.

Effective: March 30, 2007
Latest Legislation: House Bill 487 - 126th General Assembly
(A) Every person who performs any labor or work upon or furnishes material for digging, drilling, boring, operating, completing, or repairing, any well drilled or constructed for the production of oil or gas or any injection well which furthers the production of oil and gas or which disposes of waste products generated by oil and gas operations, or for altering, repairing, or constructing any oil derrick, oil tank, or leasehold production pipe line by virtue of a contract, express or implied, with the owner or part owner, or the owner's or part owner's authorized agent, of any oil and gas lease or leasehold estate or, in the event there is no lease or estate, any mineral estate, and every subcontractor, laborer, and material supplier who performs any labor or work or furnishes material to an original contractor or any subcontractor, in carrying forward, performing, or completing the contract, has a lien to secure the payment thereof upon the oil and gas lease or leasehold estate or, in the event there is no lease or estate, any mineral estate, the oil or gas produced therefrom and the proceeds thereof, and upon all material located thereon or used in connection therewith.
(B) The lien, insofar as it extends to oil or gas or the proceeds of the sale of oil or gas, is not effective against any purchaser or pipe line carrier of such oil or gas until a copy of the affidavit provided for in section 1311.06 of the Revised Code is delivered to such purchaser or pipe line carrier by certified mail.
(C) To the extent not inconsistent with this section, the lien provided by this section is governed by this chapter, and shall be perfected and enforced as other liens as provided by this chapter, except as follows:
(1) No owner, part owner, or lessee who contracts for labor or work to be performed or materials furnished for an improvement need prepare, provide, or record a notice of commencement pursuant to section 1311.04 of the Revised Code.
(2) No subcontractor or material supplier who performs work or labor upon or furnishes material in furtherance of an improvement need prepare, provide, or serve a notice of furnishing pursuant to section 1311.05 of the Revised Code.
(3) The affidavit required to be made and filed by an original contractor, subcontractor, material supplier, or laborer under section 1311.06 of the Revised Code to claim a lien under this section need not include the first date that the lien claimant performed any labor or work or furnished any material to the improvement giving rise to the claimant's lien.
(4) For the purpose of determining issues of priority, liens created under this section are effective from the date the first visible work or labor is performed or the first materials are furnished at the site of the improvement.
(5) An owner, part owner, or lessee may request from an original contractor an affidavit setting forth the name and address of, a description of labor or work performed or materials furnished by, and the total amount of the contract and the balance owed to, all unpaid laborers, subcontractors, and material suppliers providing labor or work or furnishing material for the improvement, and the serving of the affidavit after such a request shall be a condition precedent to any right by the original contractor to file a lien under this section. If an owner, part owner, or lessee has not made a request under this division, the original contractor need not serve an affidavit as provided in this division to file a lien under this section.
(6)(a) An owner, part owner, or lessee who receives an affidavit pursuant to division (C)(5) of this section or a notice pursuant to division (C)(6)(c) of this section may make payment jointly to the original contractor and any laborers, subcontractors, and material suppliers who are listed in such an affidavit or who serve such a notice for the amount shown to be unpaid by such affidavit and notices or may require the original contractor to obtain lien waivers from any such persons prior to making payment to the original contractor.
(b) No person who fails to serve the owner, part owner, or lessee with a notice pursuant to division (C)(6)(c) of this section and who is omitted from an affidavit provided to the owner, part owner, or lessee pursuant to division (C)(5) of this section shall have a right to file a lien pursuant to this section if the owner has paid the full amount due on the contract, including payment to the parties listed on the affidavit or from whom notices were received either in the full amount due to such parties or in such lesser amount as represents their pro-rata portion of the full amount of the contract with the original contractor.
(c) Any laborer, subcontractor, or material supplier may serve upon the owner, part owner, or lessee a notice in writing, which notice shall be such as will inform the owner, part owner, or lessee of the improvement, of the nature of the work performed or to be performed, the materials furnished or to be furnished, the amount due or to become due therefor, the identity of the person with whom such laborer, subcontractor, or material supplier has contracted, and the identity of the well, oil derrick, oil tank, or leasehold production pipe line, the permit number, and the county upon which such work was or is to be performed or materials were or are to be furnished.
(7) The provisions of division (B) of section 1311.15 of the Revised Code shall be applicable with respect to payments to any subcontractors, material suppliers, or laborers identified on the affidavit provided in division (C)(5) of this section.

Structure Ohio Revised Code

Ohio Revised Code

Title 13 | Commercial Transactions

Chapter 1311 | Liens

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 1311.15 | Superiority of Liens - Assignment - Direct Payment of Claim of Subcontractor, Materialman or Laborer.

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 1311.19 | Service.

Section 1311.20 | Damages for Neglect or Refusal to Release Lien.

Section 1311.21 | Liens Are Assignable - Lien Not Defeated by Taking Note or Security - Notice of Claim Not Yet Due - Lis Pendens.

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 1311.29 | Copy of Affidavit to Be Filed With County Recorder to Notify Other Subcontractors, Materialmen, and Laborers - Priority of Claims.

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 1311.41 | Precedence.

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 1311.73 | Lien Perfected by Filing Affidavit With Faa - Form of Affidavit - Time Period for Filing.

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.

Section 1311.93 | Liability of Broker.