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A Notice of Furnishing is a type of preliminary lien notice that must be served on a property owner with whom the claimant does not have a direct contract. Serve the Notice after beginning to furnish the labor and materials on a construction job. This notice is a required step toward securing lien rights, but only for those who supply materials. O.R.C. 1311.05(G). Even labor-only contractors should send the notice, however, to give the owner a clear picture of what was furnished and by whom, as well as to help establish priority if payment disputes ever arise.
A subcontractor or material supplier who performs labor or work or furnishes material in furtherance of an improvement to real property and who wishes to preserve the subcontractor's or material supplier's lien rights shall serve a notice of furnishing, if any person has recorded a Notice of Commencement. O.R.C. 1311.05(A). Therefore, only serve the Notice of Furnishing after a Notice of Commencement has been filed by the owner or his or her agent in accordance with O.R.C. 1311.04.
The notice is a relatively straightforward document that contains the owner's and contractor's names and addresses, the name and address of the other contracting party, the address where the work or materials were furnished, and the date on which the work or materials were first furnished. O.R.C. 1311.05(B).
Serve the Notice of Furnishing after the claimant begins work on the project and within 21 days of the first furnishing of labor and/or materials, but not before, or the Notice will not be effective. If the Notice of Commencement is served past its deadline, the Notice of Furnishing is due within 21 days of the date the Notice of Commencement was filed. O.R.C. 1311.05(A). If the Notice of Furnishing is filed late, it only covered items furnished within the preceding 21-day period. Mail it to the owner via registered or certified US mail, with return receipt requested.
Each case is unique, so contact an attorney for complex situations, with specific questions about the Notice of Furnishing, or any other issue related to mechanic's liens in Ohio.
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