Ohio Rev. Code » Chapter 1311
Ohio Revised Code

Ohio Rev. Code § 1311.29 (2026)

Copy of affidavit to be filed with county recorder to notify other subcontractors, materialmen, and laborers - priority of claims

✓ current as of May 2026
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Effective:
March 30, 2007
Latest Legislation:
House Bill 487 - 126th General Assembly
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A subcontractor, material supplier, laborer, or person who serves the affidavit pursuant to section 1311.26 of the Revised Code, in order to notify other subcontractors, material suppliers, and laborers, within thirty days thereafter, shall file for record a copy of the affidavit with the county recorder of the county where the public improvement is situated or with the county recorder of each of the counties where the public improvement is situated if the public improvement is situated in more than one county. The filing for record of the affidavit with the county recorders gives such subcontractor, material supplier, laborer, or person filing the affidavit as provided in section 1311.26 of the Revised Code, a preference, as to payments subsequently due from the public authority, over such of the other subcontractors, material suppliers, and laborers who have failed, prior to the date any such payment is due, to file the affidavit provided for in section 1311.26 of the Revised Code, and to file for record the copy thereof with the county recorders as provided in this section. On detained funds, such claimants have no priority among themselves, but payment thereon shall be made to them in amounts prorated according to the amount of the then-existing valid claim of each. The failure of any claimant to file for record a copy of the affidavit with the county recorders does not affect the validity of the claimant's amount claimed with respect to persons other than such of the claimant's other subcontractors, material suppliers, and laborers who have filed for record copies of their affidavits with the county recorders, and, against detained funds, such claimants who have failed to make such filing for record with the county recorders have no priority among themselves, but, after all claims having preference over theirs have been paid, payment shall be made to them in amounts prorated according to the amount of the then-existing valid claim of each.

The recorder shall endorse upon every affidavit the date and hour of its filing, and record every affidavit filed for record. For recording or making a copy of the affidavit or certificate of the date of such filing for record, the recorder is entitled to the same fees as are provided for in section 317.32 of the Revised Code.
Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1961–2022 · leading case: State ex rel. Gen. Elec. Supply Co. v. Jordano Elec. Co., 558 N.E.2d 1173 (Ohio 1990).
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State ex rel. Gen. Elec. Supply Co. v. Jordano Elec. Co., 558 N.E.2d 1173 (Ohio 1990). · cites it 2× “” Otherwise, “* * * he has assented to its correctness, * * *” and the lien claimant may be paid by the method set out in R.C. 1311.29. Finally, R.C. 1311.32 allows lien claimants to bring an action in mandamus to enforce the duty to pay them.”
Ohio Ex Rel. Star Supply, Div. of Star Indus., Inc. v. City of Greenfield, 528 F. Supp. 955 (S.D. Ohio 1981). · cites it 2× “Star Supply filed a copy of the statement with the County Recorder of Highland County, Ohio, pursuant to O.R.C. § 1311.29, and recorded it at Miscellaneous Record 2, page 507, Highland County Recorder’s Office.”
Poenisch v. Kingsley-Dunbar, Inc., 582 N.E.2d 1071 (Ohio Ct. App. 1990). “R.C. 1311.29 sets forth the priorities as between lienholders and the additional filing requirements.”
State Ex Rel. Gray Road Fill, Inc. v. Wray, 673 N.E.2d 198 (Ohio Ct. App. 1996). “Notwithstanding the preference provisions of R.C. 1311.29, public authorities generally have first claim to funds otherwise due the principal contractor.”
State ex rel. Dinneen Excavating Co. v. Sykes, 531 N.E.2d 1309 (Ohio 1988). · cites it 3× “) R.C. 1311.29 defines the priorities awarded when there are several claimants, such as in this case.”
Inter-City Equip. Corp. v. Mardigian, 182 N.E.2d 873 (Ohio Ct. App. 1961). · cites it 6× “31, Revised Code, provides: “The owner, board, officer, or clerk, agent, or attorney thereof, upon the receipt of the statement referred to in Section 1311.29 of the Revised Code shall, or the lien claimant, his agent, or attorney, in the name of such owner, board, or officer,…”
First Response Metering, LLC v. City of Wilmington (S.D. Ohio 2022). · cites it 2× “2 Ohio Rev. Code § 1311.29. 1. Notice of Furnishing and Privity of Contract First Response did not serve a notice of furnishing on Fathom; the parties disagree about whether First Response was required to or whether it was “in direct privity of contract” with Fathom.”
Crock Constr. Co. v. Stanley Miller Constr. Co., 1993 Ohio 212 (Ohio 1993). “Appellees also filed a copy of the statement with the Noble County Recorder's Office, as provided in R.C. 1311.29. Appellees brought an action in the Court of Common Pleas of Noble County, seeking, inter alia, to collect on the mechanic's lien.”
Neal-Crane Co. v. Trio Constr. Servs., Inc., 583 N.E.2d 993 (Ohio Ct. App. 1989). · cites it 2× “To the extent several subcontractors or materialmen record their notices prior to any payment subsequently due, such lien holders have no preference among themselves, but are entitled to share pro rata in any subsequent disbursement.”
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.