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Emergency Tolling of Mechanics’ Lien Deadlines

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The swiftly enacted Ohio Coronavirus Relief Bill (“HB 197”) ostensibly extends recording and other mechanic’s lien deadlines under the Ohio Revised Code. However, given uncertainty created by the bill, it is recommended that original deadlines be honored as if they had not been tolled.

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HB 197 tolls any “criminal, civil, or administrative time limitation or deadline under the Revised Code” which “[is] set to expire between March 9, 2020, and July 30, 2020.”

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HB 197 temporarily stops the clock for deadline expiration between March 9, 2020 and the earlier to occur of either July 30, 2020 or “the date the period of emergency ends.”

Apart from the uncertainty in how courts might apply and interpret HB 197, there are other practical reasons for not relying upon the temporary tolling permitted under the new law.

County Recorders should still be open during the State of Emergency but may have scaled back operations. Section 21 of HB 197 requires them to remain open for certain things. Most should still accept documents for recording by mail. This can be verified by calling the Recorder’s Office or checking websites for information about the services provided or suspended.

HB 197 may help by preventing missed deadlines during the State of Emergency. However, to avoid the uncertainty and risk surrounding the effects of HB 197 on mechanic’s liens, it is best practice to try to continue to calculate and meet deadlines as if they were not tolled. For any specific questions or concerns regarding the application of HB 197, it is recommended that you consult legal counsel.

Find more information on Ohio’s Mechanic’s Lien Statutes <a href="http://codes.ohio.gov/orc/1311">here</a>.

Jeffrey R. Appelbaum 216.566.5548 <a href="mailto:Jeff.Appelbaum@ThompsonHine.com">Jeff.Appelbaum@ThompsonHine.com</a>

John B. Kopf 614.469.4743 <a href="mailto:John.Kopf@ThompsonHine.com">John.Kopf@ThompsonHine.com</a>

Stephanie Schmalz 216.566.5943 <a href="mailto:Stephanie.Schmalz@ThompsonHine.com">Stephanie.Schmalz@ThompsonHine.com</a>

&nbsp; Additional Resources

We have assembled a firmwide multidisciplinary task force to address clients’ business and legal concerns and needs related to the COVID-19 pandemic. Please see our <a href="https://www.thompsonhine.com/services/covid-19-task-force">COVID-19 Task Force</a> page for additional information and resources.

This advisory bulletin may be reproduced, in whole or in part, with the prior permission of Thompson Hine LLP and acknowledgment of its source and copyright. This publication is intended to inform clients about legal matters of current interest. It is not intended as legal advice. Readers should not act upon the information contained in it without professional counsel.

This document may be considered attorney advertising in some jurisdictions.