Montgomery County Notice of Commencement Form (Ohio)

The following Ohio and Montgomery County supplemental forms are included as a courtesy with your order:

When using these Notice of Commencement forms, the subject real estate must be physically located in Montgomery County. The executed documents should then be recorded in the following office:

Local jurisdictions located in Montgomery County include:

• Brookville
• Clayton
• Dayton
• Englewood
• Farmersville
• Germantown
• Miamisburg
• New Lebanon
• Phillipsburg
• Vandalia

Under Ohio Revised Code 1311.04, an owner of real property must serve notice on any potential lien claimant. The form of notice is called a Notice of Commencement. The purpose of the Notice of Commence is to protect property owners and provide notice to any potential lien claimant that the project is commencing.

Prior to the performance of any labor or work or the furnishing of any materials for an improvement on real property which may give rise to a mechanics lien under sections 1311.01 to 1311.22 of the Revised Code, the owner, part owner, or lessee who contracts for the labor, work, or materials shall record, in the office of the county recorder for each county in which the real property to be improved is located, a notice of commencement in substantially the form specified by 1311.04(A)(1).

The Notice of Commencement includes the names and addresses of all owners, part-owners, and lessees attached to the project, a description of the property, a description of the improvement, names and addresses of all contractors, and information for any lenders or sureties. Then complete the following steps:

1) File the notice of commencement with the county recorder's office in the county where the project is located;

2) Serve a copy of the notice to the original contractor(s) via certified or registered US mail, with return receipt requested;

3) Post the notice at the project site;

4) Amend the notice to add any additional original contractors during the project; and

5) Provide copies of the Notice of Commencement to any potential lien claimant who is requesting a copy.

Complete the notice correctly, using accurate information. If the notice of commencement contains incorrect details, that same owner, part owner, or lessee is liable for any loss of a claimant's lien rights, and any actual expenses incurred by the lien claimant in maintaining lien rights, including attorney's fees, if the loss and expenses incurred are a direct result of the lien claimant's reliance on the incorrect information. Ohio Rev. Code 1311.04(C). In addition, if a lien is eventually filed using the incorrect information provide in the notice, any lien claimant who has included the information in his or her lien affidavit by relying on incorrect information contained in the Notice of Commencement, is entitled to file an amended affidavit for a lien. 1311.04(C). Notices of Commencement expire after six years unless the notice or an amendment to the notice states otherwise. Ohio Rev. Code 1311.04(S)

Every case is unique, so contact an attorney for complex situations, with specific questions about the Notice of Commencement, or for any other issue related to mechanic's liens in Ohio.

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