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Can I file a mechanics lien without a notice of commencement?

OhioNotice of CommencementPreliminary Notice

Does a general contractor have to file a notice of commencement before beginning a project in Ohio in order to be eligible to file a mechanics lien? This is a bank funded project and the home owners are refusing to sign off on having a final inspection and final draw as they are unhappy with certain items that they asked us to do and I will not change for free.

1 reply

Jun 2, 2021

A notice of commencement (NOC) is a protection for the owner of the project property. A NOC simply sets up an additional requirement/hurdle for subcontractors and suppliers to get past in order to file a mechanic's lien (by first serving a notice of furnishing), but those requirements do not extend to general contractors under contract directly with the owner. You do not have to file a notice of commencement (unless you were somehow obligated to by your contract).  

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