NOTICE OF FURNISHING
(Private Improvement – Ohio Rev. Code Ann. § 1311.05)
[// GUIDANCE: This is Ohio’s statutory “pre-lien” notice (often called a “Notice to Owner”).
Serving it—properly completed—within twenty-one (21) days after first furnishing is mandatory for subcontractors and suppliers who do not contract directly with the Owner if they wish to preserve mechanic’s-lien rights. Retain proof of service with project records.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
- Certificate of Service
1. DOCUMENT HEADER
Effective Date: [YYYY-MM-DD]
Project Name/Description: [PROJECT_NAME]
Project Address: [STREET, CITY, COUNTY, OH ZIP]
Legal Description (optional but recommended): [LEGAL_DESCRIPTION]
Owner: [OWNER_NAME & ADDRESS]
Original/Prime Contractor: [PRIME_CONTRACTOR_NAME & ADDRESS]
Claimant (Subcontractor/Supplier Giving Notice): [CLAIMANT_NAME, TYPE OF ENTITY, OH BUSINESS REG. NO.]
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]
Recitals
WHEREAS, Owner caused the NOC to be recorded pursuant to Ohio Rev. Code Ann. § 1311.04;
WHEREAS, Claimant has entered into an agreement dated [SUBCONTRACT_DATE] with [CONTRACTING_PARTY] to furnish certain labor, materials, equipment, and/or services to the Project; and
WHEREAS, in compliance with Ohio Rev. Code Ann. § 1311.05, Claimant delivers this Notice of Furnishing to preserve its statutory lien rights.
2. DEFINITIONS
“Claimant” means the entity identified in the Document Header that is furnishing labor, materials, or services to the Project.
“First Furnishing Date” means the first date on which Claimant supplied labor, materials, or services to the Project.
“Owner,” “Prime Contractor,” and “Project” have the meanings set forth in the Document Header.
“Work” means the labor, materials, equipment, or services described in § 3.2.
3. OPERATIVE PROVISIONS
3.1 Statutory Notice
Pursuant to Ohio Rev. Code Ann. § 1311.05, Claimant hereby gives notice that it has furnished or will furnish Work to the Project as described below.
3.2 Description of Work
[DETAILED DESCRIPTION OF WORK, MATERIALS, OR SERVICES – e.g., “Supply and install electrical conduit and wiring for floors 1-3.”]
3.3 First Furnishing Date
[FIRST_FURNISHING_DATE]
3.4 Contract Amount (Estimate)
$[CONTRACT_AMOUNT] — subject to additions and deductions according to the governing subcontract or purchase order.
3.5 Lien Warning (Statutorily Required Language)
THIS IS NOT A LIEN. However, because you have or may contract with parties who are not your direct employees, a lien against your property may be filed under Ohio’s mechanic’s-lien law if you fail to ensure timely payment for the Work described herein.
[// GUIDANCE: The above language satisfies the statutory requirement that the notice inform the Owner that it is not itself a lien but may lead to one.]
4. REPRESENTATIONS & WARRANTIES
4.1 Accuracy
Claimant represents and warrants that, to the best of its knowledge and belief, the information contained in this Notice is true, correct, and complete as of the Effective Date.
4.2 Authority
The undersigned signatory has full power and authority to execute and deliver this Notice on behalf of Claimant.
4.3 Compliance
Claimant has complied, and will continue to comply, with all applicable licensing, registration, and bonding requirements for its trade in the State of Ohio.
5. COVENANTS & RESTRICTIONS
5.1 Continuing Information Obligation
Claimant shall promptly supplement this Notice in writing if the scope of Work materially changes.
5.2 Owner Cooperation
Owner shall make timely payments in accordance with the prime contract and Ohio law and shall not release final retainage to the Prime Contractor until all lien claims are resolved.
6. DEFAULT & REMEDIES
6.1 Events of Default
Failure by Owner or Prime Contractor to remit payment for undisputed portions of the Work within [NUMBER] days after invoice constitutes an Event of Default.
6.2 Remedies
Upon an Event of Default, Claimant may, in addition to contractual remedies:
a. File an affidavit of mechanic’s lien pursuant to Ohio Rev. Code Ann. § 1311.06;
b. Commence foreclosure or other lien-enforcement proceedings; and
c. Recover reasonable attorney’s fees and costs as permitted by statute or contract.
7. RISK ALLOCATION
7.1 Limitation of Liability
To the fullest extent permitted by law, Claimant’s aggregate liability arising out of or relating to the Work and this Notice shall not exceed the unpaid value of the Work actually furnished.
[// GUIDANCE: “Liability Caps = work_performed_value,” as directed in the metadata.]
8. DISPUTE RESOLUTION
8.1 Governing Law
This Notice and any related lien proceedings shall be governed by the laws of the State of Ohio without regard to conflict-of-law principles.
8.2 Forum Selection
Exclusive venue for any action to enforce or adjudicate rights arising from this Notice shall lie in the Court of Common Pleas of [COUNTY_NAME] County, Ohio.
8.3 Injunctive Relief
Nothing herein shall limit Claimant’s right to seek injunctive or other equitable relief to preserve or enforce its mechanic’s-lien rights.
9. GENERAL PROVISIONS
9.1 Severability
If any provision of this Notice is held unenforceable, the remaining provisions shall remain in full force and effect.
9.2 Amendments
This Notice may be amended only by a subsequent written instrument executed by Claimant.
9.3 Counterparts; Electronic Signatures
This Notice may be executed in counterparts, each of which is deemed an original. Electronic signatures are enforceable pursuant to Ohio Rev. Code Ann. § 1306.06.
10. EXECUTION BLOCK
Executed on the ___ day of _, 20.
CLAIMANT:
[CLAIMANT_NAME]
By: ______
Name: [SIGNATORY_NAME]
Title: [SIGNATORY_TITLE]
STATE OF _ )
) ss:
COUNTY OF ______ )
On this ___ day of _, 20, before me, the undersigned notary public, personally appeared ______, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument and acknowledged that s/he executed the same on behalf of the Claimant.
Notary Public
My commission expires: _______
[// GUIDANCE: Notarization is recommended but not strictly required under § 1311.05; many practitioners include it to bolster authenticity.]
11. CERTIFICATE OF SERVICE
I, the undersigned, certify that on [SERVICE_DATE] I served a true and correct copy of this Notice of Furnishing by [☐ Certified Mail, Return Receipt Requested / ☐ Overnight Delivery with Signature Confirmation / ☐ Personal Delivery with Written Receipt] upon each of the following parties at the addresses set forth above (check all that apply):
☐ Owner
☐ Prime Contractor
☐ NOC Designee (if different)
Proof of delivery (postal receipt, courier confirmation, or signed acknowledgment) is attached hereto.
[SERVING_PARTY NAME & TITLE]
[// GUIDANCE: Attach the delivery receipts to this page before filing or storing. Service by one of the statutory methods listed in Ohio Rev. Code Ann. § 1311.05(F) is imperative.]
END OF DOCUMENT