Tuscarawas County Mechanics Lien (Material Supplier) Form

A material supplier that delivered lumber, fixtures, or other materials to an Ohio construction site and has not been paid holds a lien on the improved land under Ohio Revised Code Section 1311.02, and the affidavit for mechanics' lien under Section 1311.06 is the recorded instrument that perfects it. This form prepares that affidavit for a material supplier: the Ohio lien claimant whose claim rests on materials furnished in furtherance of an improvement, whether the materials were ordered by the owner, the original contractor, or a subcontractor.

A lien that follows the delivery truck

A supplier often never sets foot on the job, and Section 1311.12 answers the question a materialman's lien always raises, whether the goods went into the building: delivery of the materials to the site, by anyone, creates a conclusive presumption that they were used in or incorporated into the improvement. The same section makes all of a supplier's sales to one owner, original contractor, or subcontractor for an improvement one lien for the unpaid balance, so a running account with many delivery tickets is stated as one claim. Section 6 of the form recites that the lien claimant furnished certain material in the furtherance of improvements located on or removed to the land described, with the first and last dates it was furnished.

The clock runs from the supplier's own last delivery

Section 1311.06(B) measures the filing period from the date the last material was furnished by the person claiming the lien, not from completion of the project: sixty days for a one- or two-family dwelling or a residential condominium unit, and seventy-five days for other private improvements. The affidavit is recorded with the county recorder of each county in which the improved property lies, and within thirty days after recording a copy is served on the owner, part owner, or lessee under Section 1311.07.

The notice of furnishing gate

Where the owner recorded a notice of commencement, a material supplier that did not contract directly with the owner preserves its lien rights by serving a notice of furnishing within twenty-one days after the first delivery. Section 1311.05 states its own exceptions, among them direct privity with the owner, a home construction contract, and an owner who never recorded a notice of commencement. The affidavit does not revive a lien right lost for want of a timely notice of furnishing.

What the affidavit recites and who signs it

The form carries the statements the statute and its optional form call for: the affiant and the affiant's capacity with respect to the lien claimant; the lien claimant's name and address, recited as a material supplier under Section 1311.01(B); the owner, part owner, or lessee, if known; the person to or for whom the material was furnished; the property to be charged; the material and its dates; and the amount due over and above all legal setoffs, followed by the operative sentence in which the lien claimant claims a lien on the land, building, or leasehold. One affiant signs. Because an affidavit is sworn rather than acknowledged, the form closes with a jurat under Section 147.542 carrying the words sworn to and subscribed before me, and Section 1311.06(A) states that the oath may be taken before any person authorized to administer oaths, including an agent of the lien claimant.

The form is set up as a one-claimant, materials-only affidavit. The lien claimant may be a company or an individual; the affiant is the natural person who swears to the facts, the claimant itself or an officer, credit manager, or other agent with knowledge of the account. The form does not recite labor or work performed, and it does not reach a public improvement under Sections 1311.25 to 1311.32.

Built for the Ohio recorder's counter

The affidavit is formatted to Section 317.114: letter size, twelve point body text, a three inch blank top margin on the first page for the recorder's endorsement, and the margins the section fixes. It carries the preparer's name Section 317.111 requires on an instrument creating a lien.

The package includes the fillable affidavit form, a completed example filled in for a Franklin County supplier's account, and the guide that walks through every numbered section, the notice of furnishing, the filing periods, service on the owner, recording fees, and the home construction contract limits of Section 1311.011. This description and the guide describe the form and the governing statutes in general terms; they are not legal advice.