Ohio Code § 1311.12

Ohio Code § 1311.12. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.

§ 1311.12.

(A) A mechanic's lien for furnishing materials arises under sections 1311.01 to 1311.22 of the Revised Code only if the materials are: (1) Furnished with the intent, as evidenced by the contract of sale, the delivery order,

delivery to the site by the claimant or at the claimant's direction, or by other evidence,

that the materials be used in the course of the improvement with which the lien arises; (2) Incorporated in the improvement or consumed as normal wastage in the course of the

improvement; (3) Specifically fabricated for incorporation in the improvements and not readily resalable

in the ordinary course of the fabricator's business even if not actually incorporated

in the improvement; (4) Used for the improvement or for the operation of machinery or equipment used in the

course of the improvement and not remaining in the improvement, subject to diminution

by the salvage value of those materials;  or (5) Tools or machinery used on the particular improvement, subject to division (C) of

this section. (B) The delivery of materials to the site of the improvement, whether or not by the claimant,

creates a conclusive presumption that the materials were used in the course of the

improvement or were incorporated into the improvement. (C) A mechanics' lien for furnishing tools or machinery which arises under division (A)(5)

of this section is limited to either of the following: (1) If the tools or machinery are rented, the lien is for the reasonable rental value

for the period of actual use and any reasonable period of nonuse taken into account

in the rental contract. (2) If the tools or machinery are purchased, the lien is for the price, but the lien

only arises if the tools or machinery were purchased for use in the course of the

particular improvement and have no substantial value to the purchaser after the completion

of the improvement on which they were used. (D) All of the deliveries or the sales, or both, by a material supplier of materials,

including tools and machinery to or for an improvement, as ordered or purchased by

an owner, original contractor, or subcontractor, shall give rise to one mechanics'

lien for the unpaid portion of the sales to that owner, original contractor, or subcontractor.  Nothing in this division shall prohibit the filing of more than one lien if a material

supplier sold materials to more than one owner, original contractor, or subcontractor

for the same improvement.

Source: official Ohio text · Last verified 2026-08-27

At a glance

  • Citation: Ohio Revised Code § 1311.12
  • Jurisdiction: Ohio
  • Code: Ohio Revised Code
  • Text: transcribed from the official source (verify below)

Verify the text

Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:

Not legal advice. Verify against the official source and consult a licensed Ohio attorney.

Common questions

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The text above is transcribed from the Ohio Revised Code, the codified statutes of Ohio. The official publisher link appears under "Verify the text" on this page.

What subject does Ohio Revised Code § 1311.12 address?

It addresses the rule set out in the section text. Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.

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Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Ohio source before relying on this text.

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