Ohio Rev. Code » Chapter 1311 - Ohio Revised Code | Ohio Laws
Ohio Revised Code

Ohio Rev. Code § 1311.13 (2026)

Attaching of liens - continuance and priority

✓ current as of May 2026
Find cases: SyfertCases citing this section ORCcodes.ohio.gov (official) Justiaon Justia CornellLII Search CasesGoogle Scholar
Effective:
March 30, 2007
Latest Legislation:
House Bill 487 - 126th General Assembly
PDF:
Download Authenticated PDF
 

(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 effective from the date the first visible work or labor is performed or the first materials are furnished by the first original contractor, subcontractor, material supplier, or laborer to work, labor on, or provide materials to the improvement.

(2) Except as provided in division (A)(3) of this section, liens under sections 1311.01 to 1311.22 of the Revised Code for labor or work performed or materials furnished after the recording of a notice of commencement pursuant to section 1311.04 of the Revised Code are effective from the date of the recording of the notice of commencement.

(3) Notwithstanding division (A)(2) of this section, if there is a valid and recorded lien with an effective date described in division (A)(1) of this section which has not been released at the time a lien is filed by a laborer after the recording of the notice of commencement or if a valid lien against the improvement pursuant to division (A)(1) of this section is filed subsequent to the filing of a laborer's lien, the lien of the laborer is effective from the date the first visible labor or work was performed or materials were furnished by the original contractor, subcontractor, material supplier, or laborer at the site of the improvement.

(B)(1) Except for the liens of laborers as provided in division (B)(2) of this section, a lien securing the claim of a claimant who has performed labor or work or furnished materials both prior to and after the recording of the notice of commencement pursuant to section 1311.04 of the Revised Code has two effective dates. That portion of the lien which arises from labor or work performed or materials furnished prior to the filing of the notice of commencement has the effective date described in division (A)(1) of this section and that portion of the lien which arises from labor or work performed or materials furnished on or after the filing of the notice of commencement has the effective date described in division (A)(2) of this section. Any payment received by the lien claimant both before and after the filing of a lien shall be applied first to the labor or work performed or materials furnished prior to the filing of the notice of commencement, and then to labor or work performed or materials furnished on and after the filing of the notice of commencement.

(2) A lien filed by a laborer for labor or work performed both prior to and after the recording of the notice of commencement pursuant to section 1311.04 of the Revised Code has one effective date as described in division (A)(1) of this section.

(C) Liens under sections 1311.01 to 1311.22 of the Revised Code continue in force for six years after an affidavit is filed in the office of the county recorder under section 1311.06 of the Revised Code. If an action is brought to enforce the lien within that time, the lien continues in force until final adjudication thereof.

(D) If several liens are obtained by several persons upon the same improvement they have no priority among themselves, except as follows:

(1) Liens which have an effective date described in division (A)(1) of this section have priority over all other liens, except for liens described in divisions (A)(3), (B)(2), or (D)(2) of this section, to the extent of the value of the work and labor performed and materials furnished prior to the recording of the notice of commencement pursuant to section 1311.04 of the Revised Code.

(2) Liens filed by laborers have priority over all other liens whether the labor or work was performed before or after the recording of the notice of commencement pursuant to section 1311.04 of the Revised Code.

(E)(1) Except as provided in division (E)(2) of this section, liens which have an effective date described in division (A)(1) of this section shall be preferred to the extent of the value of the labor or work performed or materials furnished prior to the recording of the notice of commencement, to all other titles, liens, or encumbrances which may attach to or upon the improvement or to or upon the land upon which it is situated, which either shall be given or recorded subsequent to the effective date of the liens described in division (A)(1) of this section.

(2) Liens recorded by laborers which have an effective date described in division (A)(1) or (3) of this section shall be preferred to all other titles, liens, or encumbrances which may attach to or upon the improvement or to or upon the land upon which it is situated which are given or recorded subsequent to the effective date of such laborers' liens.

(F) Liens which have an effective date described in division (A)(2) of this section shall be preferred to all other titles, liens, or encumbrances which may attach to or upon such improvement or to or upon the land upon which it is situated, which either are given or recorded subsequent to the recording of the notice of commencement.

(G) Unless otherwise stipulated in a mortgage securing financing for the construction of an improvement, if a mortgage securing financing for the construction of an improvement and notice of commencement for said improvement are recorded on the same day, the mortgage shall be considered recorded before the notice of commencement for purposes of priority described in this section.

(H) The recorder may destroy the record of all mechanics' liens which have been recorded for a period of ten years or longer.
Notes of Decisions
Cited in 25 cases, 1958–2017 · leading case: Guernsey Bank v. Milano Sports Enter., L.L.C., 894 N.E.2d 715 (Ohio Ct. App. 2008).
Sort: Relevance Newest Treatment
Guernsey Bank v. Milano Sports Enter., L.L.C., 894 N.E.2d 715 (Ohio Ct. App. 2008). · cites it 23× “First, Guernsey assets that appellees cannot rely upon R.C. 1311.13 to claim priority over its mortgage.”
Wayne Bldg. & Loan Co. v. Yarborough, 228 N.E.2d 841 (Ohio 1967). · cites it 18× “The case of a vendee’s payment after the attaching of mechanics’ liens is covered by Section 1311.13, Revised Code, which provides as follows: “Liens under Sections 1311.”
In Re Wm. Cargile Contractor, Inc., 151 B.R. 854 (Bankr. S.D. Ohio 1993). · cites it 12× “We note that debtor filed its Chapter 11 petition in September, 1992, and notices of debtor’s subs’ liens pursuant to Ohio Revised Code (“ORC”) § 1311.”
First Place Bank v. Hersh Constr., Inc., 2011 Ohio 1790 (Ohio Ct. App. 2011). · cites it 9× “14, not R.C. 1311.13 applies in the case sub judice.”
Jack Conie & Sons Corp. v. Qualstan Corp. (In Re Qualstan Corp.), 303 B.R. 149 (S.D. Ohio 2003). · cites it 5× “14 have priority over mechanics’ liens. “R.C. 1311.14, .”
Fryman v. McGhee, 163 N.E.2d 63 (Ohio Ct. App. 1958). · cites it 4× “The appellants base their claim to priority upon the provisions of Paragraph (B) of Section 1311.13, Revised Code. That section, so far as pertinent, reads: “Liens under Sections 1311.”
Cleveland Constr., Inc. v. Schneider, 2012 Ohio 5707 (Ohio Ct. App. 2012). · cites it 3× “The trial court erred in finding the Contractors’ mechanic’s liens were effective pursuant to R.C. 1311.13 prior to the recording of Home Savings’ Mortgage.”
In Re Ramsey, 89 B.R. 680 (Bankr. S.D. Ohio 1988). · cites it 2× “Ohio law provides the owner of property encumbered by a mechanics’ lien with the right to serve a notice to the lienholder to commence suit, thereby compelling the lien-holder to either enforce his lien or forfeit it.”
Michael J. Baumann & Co. v. Qualstan Corp. (In Re Qualstan Corp.), 310 B.R. 833 (Bankr. S.D. Ohio 2004). · cites it 2× “(“Baumann”) requests a determination that its mechanics’ liens have priority over a mortgage on property held by National City Bank (“NCB”) as per O.R.C. § 1311.13. This Court is vested with jurisdiction over this matter pursuant to 28 U.”
Berks Title Ins. v. Haendiges, 591 F. Supp. 879 (N.D. Ohio 1984). · cites it 3× “13 provides that after the filing of a mechanics’ or materialmen lien affidavit the liens “are *886 effective from the date the first labor is performed, or the first machinery, materials, or fuel is furnished by the contractor under the original contract ____” Ohio Rev.Code…”
In re Cunningham, 478 B.R. 346 (Bankr. N.D. Ind. 2012). “Ohio Rev.Code § 1311.13. The lien is a statutory lien, and not a judicial lien, because no judicial action was necessary for its creation.”
Vaughan v. Fisher (In Re B.J. Packing, Inc.), 158 B.R. 988 (Bankr. N.D. Ohio 1993). · cites it 7× “According to Ohio Rev.Code Ann. § 1311.13 (Baldwin 1992), the mechanic’s lien is effective either upon the first day that performance commences or delivery of the first material.”
Show all 25 citing cases →
— Ohio Rev. Code § 1311.13(272) — 1 case
Home Sav. & Loan Co. v. O'Reilly (In Re O'Reilly), 30 B.R. 562 (Bankr. N.D. Ohio 1983).
— Ohio Rev. Code § 1311.13(A) — 3 cases
Guernsey Bank v. Milano Sports Enter., L.L.C., 894 N.E.2d 715 (Ohio Ct. App. 2008). “First, Guernsey assets that appellees cannot rely upon R.C. 1311.13 to claim priority over its mortgage.”
Cleveland Constr., Inc. v. Schneider, 2012 Ohio 5707 (Ohio Ct. App. 2012). “The trial court erred in finding the Contractors’ mechanic’s liens were effective pursuant to R.C. 1311.13 prior to the recording of Home Savings’ Mortgage.”
Williams v. Schneider, 2017 Ohio 9152 (Ohio Ct. App. 2017).
— Ohio Rev. Code § 1311.13(A)(1) — 3 cases
Guernsey Bank v. Milano Sports Enter., L.L.C., 894 N.E.2d 715 (Ohio Ct. App. 2008). “First, Guernsey assets that appellees cannot rely upon R.C. 1311.13 to claim priority over its mortgage.”
Panzica Constr. Co. v. Bridgeview Crossing, L.L.C., 2015 Ohio 3478 (Ohio Ct. App. 2015).
Schalmo Builders, Inc. v. Malz, 629 N.E.2d 52 (Ohio Ct. App. 1993).
— Ohio Rev. Code § 1311.13(A)(2) — 4 cases
Guernsey Bank v. Milano Sports Enter., L.L.C., 894 N.E.2d 715 (Ohio Ct. App. 2008). “First, Guernsey assets that appellees cannot rely upon R.C. 1311.13 to claim priority over its mortgage.”
Jack Conie & Sons Corp. v. Qualstan Corp. (In Re Qualstan Corp.), 303 B.R. 149 (S.D. Ohio 2003). “14 have priority over mechanics’ liens. “R.C. 1311.14, .”
First Place Bank v. Hersh Constr., Inc., 2011 Ohio 1790 (Ohio Ct. App. 2011). “14, not R.C. 1311.13 applies in the case sub judice.”
Panzica Constr. Co. v. Bridgeview Crossing, L.L.C., 2015 Ohio 3478 (Ohio Ct. App. 2015).
— Ohio Rev. Code § 1311.13(A)(3) — 1 case
Guernsey Bank v. Milano Sports Enter., L.L.C., 894 N.E.2d 715 (Ohio Ct. App. 2008). “First, Guernsey assets that appellees cannot rely upon R.C. 1311.13 to claim priority over its mortgage.”
— Ohio Rev. Code § 1311.13(B) — 4 cases
Wayne Bldg. & Loan Co. v. Yarborough, 228 N.E.2d 841 (Ohio 1967). “The case of a vendee’s payment after the attaching of mechanics’ liens is covered by Section 1311.13, Revised Code, which provides as follows: “Liens under Sections 1311.”
Guernsey Bank v. Milano Sports Enter., L.L.C., 894 N.E.2d 715 (Ohio Ct. App. 2008). “First, Guernsey assets that appellees cannot rely upon R.C. 1311.13 to claim priority over its mortgage.”
Huntington Nat'l Bank of Columbus v. Treasurer of Franklin Cnty., 469 N.E.2d 535 (Ohio Ct. App. 1983).
Schalmo Builders, Inc. v. Malz, 629 N.E.2d 52 (Ohio Ct. App. 1993).
— Ohio Rev. Code § 1311.13(B)(1) — 1 case
Panzica Constr. Co. v. Bridgeview Crossing, L.L.C., 2015 Ohio 3478 (Ohio Ct. App. 2015).
— Ohio Rev. Code § 1311.13(C) — 1 case
Akron Concrete Corp. v. Medina City Sch. Dist. Bd. of Edn., 2012 Ohio 2971 (Ohio Ct. App. 2012).
— Ohio Rev. Code § 1311.13(F) — 3 cases
First Place Bank v. Hersh Constr., Inc., 2011 Ohio 1790 (Ohio Ct. App. 2011). “14, not R.C. 1311.13 applies in the case sub judice.”
Hotel Builders of Ohio, Inc. v. D.A.T. Hosp. (In re D.A.T. Hosp.), 291 B.R. 438 (Bankr. S.D. Ohio 2003).
In Re Dat Hosp., LLC, 291 B.R. 438 (Bankr. S.D. Ohio 2003).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.