Legal Question in Construction Law in Ohio

Re: notice of furnishing

Dear Inquirer:

Under the Mechanics' Lien laws of Ohio, Notice of Furnishing should be sent to the Owner, Part Owner or Lessee or Designee the same as stated in the Notice of Commencement.

NOTICE OF FURNISHING ("NOF") by subcontractors, and suppliers: Laborers are not required to provide NOF. Former filing time of 60-90 days now set uniformly: Filing Deadline (New) is 75 days after last date of work or furnishing labor, materials, equipment, etc.

Serve NOF within 21 days of claimant's first work or delivery of materials. See statutory form Sect. 1311.05(B).

NOF served late relates back only for work and materials provided within 21 days prior to service of NOF.

Serve NOF upon owner where your contract is with original contractor. Serve NOF upon Owner and original contractor where your contract was with a subcontractor.

Where NOF not recorded, NOF not required until NOTICE OF COMMENCEMENT ("NOC") is recorded.

This statory requirement is strictly construed and claimants must file and serve timely or be forever barred.

When in doubt, retain an experienced construction attorney to guide and assist you.

Service of Affidavit (Notice of Furnishing), per Sect. 1311.19 R.C., may be by Certified Mail, Registered Mail, Overnight/Express Mail. Hand Delivery /Messenger or (even) FAX. Caution: Whatever method of delivery is used, written evidence of receipt must be obtained and preserved.

Good luck.

Sincerely, J. Norman Stark