Owner's Affidavit of Full Payment
(Mechanic's Lien) (Home Construction Contract) (OH)

Summary

This template for an owner's affidavit of full payment may be used by an owner, part owner, or lessee to void a lien taken on their property in Ohio. This template includes practical guidance and drafting notes. In Ohio, an original contractor, subcontractor, materialman, or laborer who performs work or labor or furnishes material in connection with a home construction contract or dwelling or residential unit of condominium property that is the subject of a home purchase contract is not entitled to a mechanics' lien if the owner paid the original contractor in full before receiving an affidavit of mechanics' lien. See ORC Ann. § 1311.011(B)(1). The lien claimant must release the lien within thirty days of receiving notice that payment was made in full, or the claimant is liable to the owner, part owner, or lessee for all damages arising from their failure to release the lien. See ORC Ann. § 1311.011(B)(3). For a list of key resources covering construction-related tasks for a first-year associate, see First Year Associate Resource Kit: Construction. For a template affidavit for mechanic's lien, see Affidavit for Mechanic's Lien (Residential Improvements) (OH). For a full listing of key content covering mechanic's liens, see Mechanic's Lien Resource Kit. For further guidance on mechanic’s liens in Ohio, see Mechanic's Lien Resource Kit (OH). For information related to payments on private construction projects, see Construction Owner-Contractor Payment Resource Kit.