We are a G.C. working direct to the owner. We haven't been notified if the owner has submitted a Notice of commencement. We just received an executed subcontract back with both NOC and NOF. This is our subcontractor. Do we file a NOC?
1 reply
Jul 16, 2020
Generally, Ohio subs aren't entitled to file a Notice of Commencement. Rather, that's the owner's responsibility. If a subcontractor has gone ahead and filed a Notice of Commencement, I'm not sure it'd be effective. Regardless - I'm not sure that a GC would need to take any specific action if their sub filed a Notice of Commencement for the project.
As for what to do with a Notice of Furnishing - it'd be wise to keep that document on file, but there's generally no real required response when an Ohio Notice of Furnishing is received. If the user asked for the name and address of anyone involved, then a GC would be required to provide it. Though, regardless - if any of the information on the notice is incorrect, it might be common courtesy to correct that info.
If you're unsure of whether you should file a Notice of Commencement: As mentioned above, that's generally the owner's responsibility. But, if the owner fails to file or refuses to file a Notice of Commencement, then the GC is entitled to file one on their behalf. Still, that's permissible - not mandatory. If the GC doesn't want to file a Notice of Commencement, they don't have to.
For more information on Ohio Notices of Commencement: Ohio Notice of Commencement FAQs & Guide.