OHIO NOTICE OF FURNISHING

Preliminary Notice to Preserve Mechanics Lien Rights

Pursuant to Ohio Revised Code Chapter 1311

IMPORTANT NOTICE

THIS IS NOT A LIEN. This is a Notice of Furnishing required by Ohio law for subcontractors and suppliers who are not in privity of contract with the property owner on commercial and certain other projects. This notice preserves the right to file a mechanics lien.

NOTE ON PROJECT TYPES:
- Residential (1-3 family dwellings): Notice of Furnishing is generally NOT required
- Commercial and other projects: Notice of Furnishing IS required (within 21 days)
- The owner must file a Notice of Commencement; if not filed, Notice of Furnishing is not required

NOTICE DATE AND TIMING

Date of This Notice: _________________________________

Date Claimant First Furnished Labor/Materials: _________________________________

21-Day Deadline: _________________________________
(Must be received within 21 days of first furnishing)

Notice Status:
☐ This notice is being sent within 21 days of first furnishing (full protection)
☐ This notice is being sent late (lien rights limited to 21 days prior to notice and thereafter)

SECTION 1: NOTICE OF COMMENCEMENT VERIFICATION

Has a Notice of Commencement Been Filed for This Project?

☐ Yes - Notice of Furnishing IS required
☐ No - Notice of Furnishing is NOT required (skip to signature)
☐ Unknown - Verify with County Recorder before proceeding

Notice of Commencement Recording Information:

County: _________________________________
Recording Date: _________________________________
Book/Volume: _____________ Page: _____________
Instrument Number: _________________________________

SECTION 2: RECIPIENTS OF NOTICE

To Property Owner:

Name: _________________________________

Address:
_________________________________
_________________________________
City: _________________ State: OH ZIP: _________

To Original Contractor:

Name: _________________________________

Address:
_________________________________
_________________________________
City: _________________ State: OH ZIP: _________

SECTION 3: PROPERTY/PROJECT INFORMATION

Project Name (if any): _________________________________

Property Address:
_________________________________
_________________________________
City: _________________ County: _________________ ZIP: _________

Legal Description:
_________________________________
_________________________________
_________________________________

Permanent Parcel Number: _________________________________

Type of Project:
☐ Commercial
☐ Industrial
☐ Residential (more than 3 units)
☐ Mixed-use
☐ Other: _________________________________

SECTION 4: CLAIMANT INFORMATION

Claimant Name: _________________________________

Company Name: _________________________________

Claimant Address:
_________________________________
_________________________________
City: _________________ State: _____ ZIP: _________

Phone: _________________________ Email: _________________________

Claimant Classification:
☐ Subcontractor
☐ Sub-subcontractor
☐ Material Supplier
☐ Equipment Rental Company
☐ Design Professional
☐ Other: _________________________________

SECTION 5: CONTRACTING PARTY

Name of Person or Entity with Whom Claimant Contracted:
_________________________________

Address:
_________________________________
_________________________________
City: _________________ State: _____ ZIP: _________

SECTION 6: DESCRIPTION OF WORK/MATERIALS

Description of Labor, Materials, or Services Furnished or to be Furnished:

_________________________________
_________________________________
_________________________________
_________________________________

Estimated or Agreed Contract Price: $__________________

Date of First Furnishing: _________________________________

SECTION 7: STATUTORY NOTICE LANGUAGE

NOTICE OF FURNISHING

NOTICE IS HEREBY GIVEN pursuant to Ohio Revised Code Section 1311.05 that the undersigned has furnished, is furnishing, or will furnish labor, materials, or services for the improvement of the real property described herein.

TO THE OWNER AND ORIGINAL CONTRACTOR:

You are hereby notified that the claimant identified below has provided or will provide labor, materials, equipment, or services for the improvement of your property. This notice is provided to preserve lien rights under Ohio Revised Code Chapter 1311.

CLAIMANT:
Name: _________________________________
Address: _________________________________
Phone: _________________________________

PROPERTY:
Address: _________________________________
Permanent Parcel No.: _________________________________

LABOR/MATERIALS:
Description: _________________________________

ESTIMATED VALUE: $__________________

SECTION 8: WHO MUST SEND THIS NOTICE

Under ORC Chapter 1311, the following must send Notice of Furnishing:

☐ Subcontractors (not in privity with owner)
☐ Sub-subcontractors
☐ Material suppliers (not selling directly to owner)
☐ Equipment rental companies
☐ Any person not in privity of contract with the owner and original contractor

The following are EXEMPT from Notice of Furnishing requirements:

☐ Original Contractor - Party with direct contract with owner
☐ Laborers - Any mechanic, worker, artisan, or individual performing labor
☐ Parties on Residential Projects - Family residences (1-3 units) and condominium projects
☐ When No Notice of Commencement Filed - Owner failed to file required notice

SECTION 9: CLAIMANT'S SIGNATURE AND VERIFICATION

I, the undersigned, declare under penalty of perjury under the laws of the State of Ohio that the foregoing information is true and correct to the best of my knowledge.

Signature: _________________________________ Date: _________________

Printed Name: _________________________________

Title: _________________________________

SECTION 10: PROOF OF SERVICE

Service Requirements (ORC § 1311.05)

Notice must be served by certified mail with return receipt requested to:
1. The owner at the address shown in the Notice of Commencement
2. The original contractor at the address shown in the Notice of Commencement

TIMING: Notice must be received within 21 days after first furnishing labor or materials.

Service Documentation

Service to Owner:

Method: ☐ Certified mail, return receipt requested

Date Mailed: _________________________________
Certified Mail Article Number: _________________________________
Date Return Receipt Signed: _________________________________
Signature on Return Receipt: _________________________________

Service to Original Contractor:

Method: ☐ Certified mail, return receipt requested

Date Mailed: _________________________________
Certified Mail Article Number: _________________________________
Date Return Receipt Signed: _________________________________
Signature on Return Receipt: _________________________________

Certificate of Service

I certify that I served this Notice of Furnishing on the Owner and Original Contractor by certified mail, return receipt requested, on the dates indicated above.

Signature: _________________________________ Date: _________________

Printed Name: _________________________________

OHIO NOTICE OF FURNISHING - LEGAL REQUIREMENTS SUMMARY

WHEN NOTICE IS REQUIRED

Notice of Furnishing is required on:
- Commercial projects
- Industrial projects
- Residential projects with more than 3 family units
- Any project where a Notice of Commencement has been filed

Notice of Furnishing is NOT required on:
- Family residences (1-3 units)
- Condominium projects
- Projects where no Notice of Commencement was filed

DEADLINE TO SEND NOTICE

• Notice must be received within 21 days after the first date that the subcontractor or supplier provides labor or materials
• Service earlier than first furnishing is ineffective

LATE NOTICE CONSEQUENCES

If notice is sent late but claimant is still working or has worked within the last 21 days:
- Can still file Notice of Furnishing
- Lien rights relate back only 21 days from the date notice was received
- Work performed more than 21 days before the notice was received is NOT protected

SERVICE REQUIREMENTS (STRICT COMPLIANCE REQUIRED)

• Certified mail with return receipt requested - ONLY acceptable method
• Send to owner AND original contractor
• Use addresses shown in the Notice of Commencement
• Keep return receipts as proof of service

NOTICE OF COMMENCEMENT REQUIREMENT

Under ORC § 1311.04, the owner must record a Notice of Commencement before any work begins. If the owner fails to file:
- Subcontractors and suppliers do NOT need to provide Notice of Furnishing
- Lien rights are still available

ADDITIONAL IMPORTANT DEADLINES

STRICT COMPLIANCE REQUIRED

Ohio courts require strict compliance with mechanics lien statutory requirements:
- Failure to comply with notice requirements can result in loss of lien rights
- Timing and service method requirements must be followed exactly
- Keep detailed records of all notices and service

IMPORTANT DISCLAIMERS

This form is provided for informational purposes only and does not constitute legal advice. Ohio mechanics lien law requires strict compliance with statutory procedures. The consequences of failing to give proper and timely Notice of Furnishing include loss of lien rights.

CONSULT AN ATTORNEY: Before relying on this form, consult with an Ohio-licensed attorney familiar with construction lien law to ensure compliance with all requirements.

VERIFY NOTICE OF COMMENCEMENT: Before sending this notice, verify whether a Notice of Commencement has been filed with the County Recorder. The notice is only required if a Notice of Commencement exists.

MAINTAIN RECORDS: Keep copies of this notice, certified mail receipts, return receipts, and all related documentation. These records are essential for perfecting and enforcing lien rights.

Ohio Notice of Furnishing Template - Version 2026.01
Based on Ohio Revised Code Chapter 1311