Preparing and Serving the
Notice of Furnishing
Preparing and Serving the Notice of furnishing
Any potential lien claimant must prepare and
provide to the owner (or the owner's designee) a notice of
furnishing in order to protect its lien rights. The notice
of furnishing must be served on the owner within 21 days of
the supply of labor or materials to the project.
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. See form attached.
Practical pointers:
- The notice of furnishing goes back 21 days,
to protect any labor or supplies provided 21 days before
the service of the notice of furnishing.
- Failure to serve the notice of furnishing
results in forfeiture of lien rights.
- If you're late to serve the notice of furnishing,
but you are still working or you have worked within the
last 21 days, file the notice of furnishing. Then, all work
performed 21 days before the service of the notice of furnishing
will be protected.
- If you failed to file the notice of furnishing
and your work is done, make a formal request for a notice
of commencement from the owner, by certified mail. If the
owner doers not respond within 10 days after receipt, the
requirement to serve the notice of furnishing may be excused.
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Fortney
& Klingshirn
4040 Embassy Parkway, Suite
280
Akron, Ohio 44333
telephone 330-665-5445 - fax 665-5446
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