Notice of Furnishing

posted by Michael Fortney  |  Jan 5, 2010 9:40 PM in Construction Law

Potential lien claimants may be required to prepare and provide to 1) the owner, through its designee as noted on the Notice of Commencement, and 2) the original contractor a notice of furnishing in order to protect their lien rights.  The Notice of Furnishing must be served within 21 days of the first supply of labor or materials to the project.  R.C. 1311.05(A).

The Notice of Furnishing must contain the following information:  

(a) the name of the owner or the owner's designee; 

(b) the name and address of the original contractor under which the claimant is performing work or supplying materials; 

(c) the name and address of the contractor the claimant has a contract with; 

(d) a reasonable identification of the property;

(e) the date the labor or supplies were first provided; and 

(f) the name and address of the claimant.  

The Notice of Furnishing goes back 21 days only, to protect any labor or supplies provided 21 days before the service of the Notice of Furnishing forward.  Failure to serve the Notice of Furnishing, when required, results in forfeiture of lien rights.

If a lien claimant is late to serve the Notice of Furnishing, but it is still working or has worked within the last 21 days, it can stile file a Notice of Furnishing.  All work performed from 21 days before the service of the Notice of Furnishing forward will be protected.

If a lien claimant fails to file a Notice of Furnishing and its work is done and it is still within the time period for filing a lien, the claimant may make a formal request for a Notice of Commencement from the owner, by certified mail.  If the owner does not respond within 10 days after receipt, the requirement to serve the Notice of Furnishing may be excused.  R.C. 1311.04(J).

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Construction Law, Employment and Labor Law, Business Law, Litigation, Arbitration

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