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We did a job in Oh but I did not Deliver Notice of Furnishing in time- did I lose my right to file a lien?

OhioPreliminary NoticeRight to Lien

We did a job in Oh but I did not Deliver Notice of Furnishing in time- did I lose my right to file a lien?

5 replies

Dec 9, 2020

A notice of furnishing is only required if the owner/GC recorded a notice of commencement with the county recorder. If a notice of commencement was recorded, and if you did not serve a notice of furnishing, then yes your lien rights would be lost. 

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Dec 9, 2020

Whether an Ohio Notice of Furnishing is required to secure lien rights depends on two factors, (1) whether a Notice of Commencement (NOC) was filed on the project, and (2) your role on the project.

A Notice of Furnishing is only required to secure lien rights in OH if an NOC was filed. If so, then only claimants who didn't contract directly with the property owner are required to send the notice within 21 days of first furnishing labor or materials to the project. Furthermore, if the NOC was filed late, then claimants must send notice within 21 days after the late NOC was filed. 

Failing to provide the Notice of Furnishing, when required, is fatal to a claimant's lien rights.

Here are some other Ohio resources you may find useful:

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Dec 11, 2020
A Notice of Furnishing is required to be filed 21 days after a Notice of Commencement for any party who did not contract directly with the owner (subs & material suppliers). If no Notice of Commence was filed, no Notice of Furnishing is required.


If you are still working you can still file a late Notice of Furnishing and all work performed from 21 days before the Notice of Furnishing will be protected. If you are done working and never filed a Notice of Furnishing, you have no lien rights.
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Sep 28, 2022
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