In Ohio, if the General Contractor has a direct executed contract with the Owner -does the General Contractor have to send out a "Notice of Furnishings" or is the Notice of Furnishings in Ohio only for Subcontractors and Material Suppliers who do not have a "direct Contract" with the Owner. The General Contractor is using subcontractors on the Project. We know "when" there is "no" Notice of Commencement filed with the County, no one has to send out a "Notice of Furnishings" to preserve Lien rights in Ohio. It seems everything is silent on any specific process for the General Contractor to follow other than for the General Contractor to file a lien if he does not get paid without anything being said about doing anything before the lien is filed to preserve the General Contractor's lien rights.
No notice of furnishing is required to be served by the general contractor or any other contractor or supplier in direct contract with the owner.
The relevant language comes from R.C. 1311.05(A).
"No original contractor has to serve a notice of furnishing to preserve lien rights arising from a contract with an owner, part owner, or lessee. No material supplier who is in direct privity of contract with an owner, part owner, or lessee has to serve a notice of furnishing upon the owner, part owner, or lessee or designee in order to preserve the material supplier's lien rights. No subcontractor or material supplier who is in direct privity of contract with the original contractor has to serve a notice of furnishing upon the original contractor in order to preserve the subcontractor's or material supplier's lien rights."
That sounds great! Thank you for the time.
I hope he never has a need to get a lawyer involved in a project, but I hope the contractor gives me a ring if a dispute does come up.
Have a super day!