Home>Levelset Community>Legal Help>If a notice of furnishing was not filed, however, neither the owner or GC filed a notice of commencement - Can a lien be filed if within the 75 day deadline for the state of Ohio?

If a notice of furnishing was not filed, however, neither the owner or GC filed a notice of commencement - Can a lien be filed if within the 75 day deadline for the state of Ohio?

OhioLien Deadlines

We finished a job and did not provide the notice of furnishing by the 21 day of supplying - however the owner and GC have not filed a notice of commencement for this project. We delivered our last goods 62 days ago and want to see if we can file a lien.

1 reply

Nov 30, 2018

That's a good question. In Ohio, when a Notice of Commencement has not been filed, preliminary notice is not required prior to filing a mechanics lien (though it's generally a good idea to send notice anyway - there are a number of benefits to sending notice, and they can actually help to prevent payment problems in the first place). Regarding the deadline - it sounds like you've got a pretty good handle on the deadline, but I'll cover that information for good measure. On Ohio residential projects (1-2 family dwellings), a mechanics lien must be filed within 60 days form last furnishing labor and/or materials to the property. For all other projects (save for gas and oil wells), a mechanics lien must be filed within 75 days of the claimant's last furnishing of labor or materials. Keep in mind - these deadlines are strict - so it's important to file a lien on time, if one becomes necessary.

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