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Ohio Lien Waivers Guide and FAQs

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Ohio Lien Waiver FAQs

Ohio Lien Waiver Overview

Ohio Lien Waiver Rules

  • Rules At A Glance
  • Top Links
lien waivers not regulated
No Specific Form

Ohio does not require any specific lien waiver form. Any form may be used.

lien waivers do not need to be notarized
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.

Free Ohio Lien Waivers Forms & Templates

Ohio does not have required lien waiver forms, but these lien waiver templates can be used stress-free on Ohio projects. These waiver templates were drafted by construction attorneys to be fair for all parties, easy to use, and to contain no surprises.

The forms provided here for free by Levelset are safe, easy, stress-free, and fair for everyone involved. You can download them free, or use our free system to send or request your stress-free Ohio lien waiver form.

Free Ohio Lien Waiver Forms

These Ohio lien waiver forms are clear, stress-free and drafted by construction attorneys. Make it easy, and use forms from the source you can trust.

Ohio Final Unconditional Lien Waiver Form - free from

Ohio Final Unconditional Lien Waiver Form

This oh final unconditional waiver (also called a final unconditional lien release) should be used when the final payment for a project has been made...

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Ohio Partial Conditional Lien Waiver Form - free from

Ohio Partial Conditional Lien Waiver Form

This oh partial conditional waiver (also called a partial conditional lien release) should be used when a progress payment on the project is expected. There...

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Ohio Final Conditional Lien Waiver Form - free from

Ohio Final Conditional Lien Waiver Form

This oh final conditional waiver (also called a final conditional lien release) should be used when the final payment for a project is expected but...

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Ohio Partial Unconditional Lien Waiver Form - free from

Ohio Partial Unconditional Lien Waiver Form

This oh partial unconditional waiver (also called a partial unconditional lien release) should be used when a progress payment on the project has been received....

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Ohio Lien Waivers FAQs

It's common for lien waivers (also called lien releases) to be exchanged between parties along with pay applications and construction invoices in Ohio. They can even be included in the contract itself, and work to waive lien rights prior to furnishing labor or materials at all. Accordingly, it's important to understand the ins-and-outs of lien waivers when exchanging them in Ohio. In Ohio, lien waivers are mostly unregulated. This means that - unlike some other states - there are no specific set of laws regulating the lien waiver forms, language, and exchange process. The below frequently asked questions will help with some common issues encountered in Ohio.

Ohio Lien Waiver FAQs

Does Ohio require a specific statutory lien waiver form?

No, Ohio does not require or have statutory forms for lien waivers. Because the form and content of lien waivers aren’t regulated under Ohio’s lien laws, careful attention should be given to the actual terms of the waiver to ensure you’re not waiving more than intended.

• See: Should You Sign That Lien Waiver?

What are the requirements for an Ohio lien waiver? What makes a lien waiver binding?

No specific statutory provision concerning lien waivers exists in Ohio. But generally, waivers must be done by an express agreement showing a clear intention to waive lien rights.

Lien waivers will fall under two main categories: progress payment waivers or final payment waivers. Progress waivers will be structured either as an “amount paid” waiver which states the amount of payment made in exchange for the waiver, or a “to-date” waiver which waives lien rights for the value of all labor/materials provided up to the “through date” provided on the waiver. A final payment waiver will waive all lien rights associated with the project.

Are Unconditional Lien Waivers Prohibited in Ohio?

No, Ohio law does not prohibit unconditional lien waivers. However, if you have yet to receive payment, a conditional waiver is always the safer option.

• See: Conditional v. Unconditional Lien Waivers, What’s the Difference?

Is there a specific statutory prohibition on lien waivers in advance of payments, furnishing of work, or furnishing of materials in Ohio?

No, Ohio statutory law is silent with respect to advance lien waivers. While advance lien waivers are generally viewed with disfavor, it is always best practice to avoid advance lien waivers whenever possible, or to condition any waiver on the actual receipt of payment, whether progressive or final.

Ohio appears to have come down on the side of allowing freedom of contract to override lien protection, such that lien rights may be waived in advance through contract. However, if the contract contains a contingent payment clause (i.e. pay-if-paid or pay-when-paid clause) the contract cannot also include a “no-lien clause.”

Must Ohio lien waivers be notarized?

No. Ohio’s lien law does not require that a lien waiver be notarized to be valid.

Need More Help With Ohio Lien Waivers? We're Here.

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