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is an affidavit mechanics lien invalid if the lien claimant didnt put the year the work began and ended he just put the month and day

someone put an invalid lien on my property and I need to get it removed asap

1 reply

Aug 28, 2018

Mechanics liens are tricky in that, on one hand as creatures of statute with powerful effects they require strict compliance with the statutory requirements in order to be valid and enforceable, and on the other hand the statutes are to be interpreted broadly to provide the protection as a matter of public policy.

Typographical errors or missing information can indeed invalidate a mechanics lien claim in some circumstances, but that is not always the case.

In Ohio, the mechanics lien statutes set forth the form required. The statutory form does specifically contemplate providing the year, along with the day and month.

"The first of the labor or work was performed or material was furnished on the _____ day of __________, ___ (year). The last of the labor or work was performed or material was furnished on the _____ day of __________, ___ (year)"

The statutory form "may" be used by the lien claimant, though it is not specifically required to be used verbatim, and the specific requirement is that the claimant provide "the first and last dates that the lien claimant performed any labor or work or furnished any material to the improvement giving rise to his lien."

Whether the failure to provide the year on the lien document invalidates a lien claim is a question likely to be decided by a court. However, relying on a typographical error to invalidate a lien claim is a risky business. Ohio mechanics lien law provides that: "Sections 1311.01 to 1311.22 of the Revised Code are to be construed liberally to secure the beneficial results, intents, and purposes thereof; and a substantial compliance with those sections is sufficient for the validity of the liens under those sections. . ." (emphasis added).

If a lien is otherwise invalid, it is not necessary to rely on typographical or formal errors, and the lien can be removed through a court proceeding, or allowed to expire.

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