Pre-lien Notice / Notice to Owner - Ohio

NOTICE OF FURNISHING

Private Improvement — Ohio Rev. Code § 1311.05

TABLE OF CONTENTS

1. Project and Notice-of-Commencement Record
2. Applicability and Recipients
3. Statutory Form
4. Timing and Effect
5. Service Record
6. Related Lien-Affidavit Deadlines

1. DOCUMENT HEADER

Notice Date: [YYYY-MM-DD]
Project Name/Description: [PROJECT_NAME]
Project Address: [STREET, CITY, COUNTY, OH ZIP]
Legal Description from Notice of Commencement: [LEGAL_DESCRIPTION]

Owner: [OWNER_NAME & ADDRESS]
Original/Prime Contractor: [PRIME_CONTRACTOR_NAME & ADDRESS]
Claimant (Subcontractor or Material Supplier): [CLAIMANT_NAME AND ADDRESS]
Claimant Contact: [CONTACT PERSON, PHONE, EMAIL]

Notice of Commencement (“NOC”) Details (if available):
• Date Recorded: [NOC_RECORDING_DATE]
• County Recorder Instrument/Book & Page No.: [NOC_INSTRUMENT_NO]

First labor/work performed or material furnished: [DATE]

2. APPLICABILITY AND RECIPIENTS

Under Ohio Rev. Code § 1311.05, a subcontractor or material supplier generally serves a Notice of Furnishing when a Notice of Commencement has been recorded and the claimant wishes to preserve lien rights. Determine recipients from the recorded Notice of Commencement and the claimant's contracts.

Claimant Status

☐ Subcontractor
☐ Material supplier
☐ Original contractor — generally does not serve this notice for rights under its direct owner contract
☐ Material supplier in direct privity with owner / part owner / lessee — check statutory exemption

Required Recipient Analysis

☐ Serve the owner's / part owner's / lessee's designee named in the Notice of Commencement.
☐ If no living or existing designee is named, serve the owner / part owner / lessee named in the Notice of Commencement.
☐ Serve the original contractor for the applicable original contract unless a statutory direct-privity or single-/double-family multiple-original-contractor exception applies.
☐ Optional lender copy; lender service is not required to preserve rights under § 1311.05.

3. STATUTORY FORM

Notice of Furnishing

(For use in connection with improvements to property other than public improvements)

To: [NAME OF OWNER, PART OWNER, LESSEE, OR DESIGNEE FROM NOTICE OF COMMENCEMENT]

Address: [ADDRESS FROM NOTICE OF COMMENCEMENT]

To: [NAME OF ORIGINAL CONTRACTOR FROM NOTICE OF COMMENCEMENT]

Address: [ADDRESS FROM NOTICE OF COMMENCEMENT]

Lien Claimant: [NAME AND ADDRESS]

By: ____________________________________

Name and capacity of signer: [NAME / CAPACITY]

Address of signer: [ADDRESS]

Date: [DATE]

4. TIMING AND EFFECT

Serve after the Notice of Commencement is recorded and generally within 21 days after the claimant first performs labor or work or furnishes material, subject to the extended periods in Ohio Rev. Code § 1311.04(I) and (J).

A conforming, timely notice preserves covered lien rights from first furnishing through service and thereafter. A late notice does not revive rights for labor, work, or material furnished before the 21 days immediately preceding service.

This Notice of Furnishing is not the mechanics' lien affidavit. A claimant must separately satisfy Ohio Rev. Code § 1311.06.

5. SERVICE RECORD

Ohio Rev. Code § 1311.19 permits sheriff service, certified or registered mail, overnight delivery, hand delivery, or another method with written evidence of receipt. For a Notice of Furnishing sent by certified mail, service is complete on the date of mailing; other rules in § 1311.19 address receipt, refusal, and actual receipt.

6. RELATED LIEN-AFFIDAVIT DEADLINES

Ohio Rev. Code § 1311.06 currently provides these affidavit filing periods measured from the claimant's last labor, work, or material:

• 60 days for a one- or two-family dwelling or a residential condominium unit;
• 120 days for a lien under Ohio Rev. Code § 1311.021; and
• 75 days for a lien not described in those categories.

Do not rely on this summary to calculate a deadline without counsel.

Sources and References

• Ohio Rev. Code § 1311.04: https://codes.ohio.gov/ohio-revised-code/section-1311.04
• Ohio Rev. Code § 1311.05: https://codes.ohio.gov/ohio-revised-code/section-1311.05
• Ohio Rev. Code § 1311.06: https://codes.ohio.gov/ohio-revised-code/section-1311.06
• Ohio Rev. Code § 1311.19: https://codes.ohio.gov/ohio-revised-code/section-1311.19