Ohio Lien Waiver Rules
- Rules At A Glance
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No Specific Form
Ohio does not require any specific lien waiver form. Any form may be used.
Notarization Not Required
Ohio does not require that a lien waiver be notarized.
Can Waive Rights in Contract
There is no specific prohibition on waiving future lien rights through contract in Ohio.
Can Waive Rights Before Payment
Ohio does not prohibit waiving lien rights prior to payment.
Lien waivers are exchanged all the time on construction projects in Ohio, just like every other state. But, unlike many other states, Ohio regulates neither the form/language of lien waivers, nor the timing of lien waivers. This means that anybody signing a lien waiver in Ohio should be very careful when doing so.
In Ohio, there aren’t specific laws that detail how and when lien waiver exchanges should occur. The state, for example, does not provide lien waiver form templates, or mandate any particular language. Parties on an Ohio construction project, therefore, have much freedom to choose the exact format and language of lien waivers.
And, Ohio goes even further and allows parties to waiver lien rights at basically any time – even through contract prior to even furnishing any labor or materials to the project.
It is crucial, therefore, for parties performing work on an Ohio construction project, to be very, very careful in signing and providing lien waivers. No matter what it says or when it is given it is likely effective to give up lien rights.