Legal Question in Construction Law in Ohio

Re: Owed by contractor

Dear Millwork Subcontractor: Your lien period may not have lapsed, provided the General contractor did not provide you with a Notice of Comkmencement timely. In such case, you may now file your Notice of Furnishing and file your lien the same day!

Here's a portion of my free Conateruction Lawletter on the subject:

Under the provisions of Ohio�s Mechanic�s Lien laws, an affidavit to obtain a mechanic's lien must be filed within 75 days after the contractor or materialman (materialperson) last furnished or provided services or materials. Other important changes now require the filing (recording) of Notice of Commencement ("NOC") by the Owner, and a Notice of Furnishing ("NOF") by each contractor, subcontractor or materialman (materialperson) first performs work or supplied materials. Service of this Notice of Furnishing is a mandatory prerequisite to obtaining a valid mechanic�s lien!

The following is a list of the ten (10) most frequent errors noted which may result in contested or invalid liens:

1. Notice of Furnishing (�NOF�) must be served, by Certified Mail within 21 days after beginning work or providing materials. See statutory form, Sect. 1311.05(B). NOF served late relates back only for work and materials provided within 21 days prior to service of NOF. Serve NOF upon owner where contract is with original contractor. Serve NOF upon Owner and original contractor where contract was with a subcontractor. Where NOF not recorded, NOF not required until NOTICE OF COMMENCEMENT ("NOC") is recorded.

2. Failure to serve NOF on Owner, General Contractor and Subcontractor within 21 days of claimant's first work or delivery of materials.

3. Failure to Serve NOF Properly, i.e. by Certified Mail or other means, with signed receipts to support proof of timely, proper service by: (a)Sheriff, or Special Deputy, with formal return required, (b) Certified Mail, Return Receipt Requested, (c)Registered Mail, Return Receipt Requested, (d) Overnight Mail, with U.S. Postal Service Receipt, (e) Messenger, with receipt, (f) FAX, with receipt, (g) FED-X, UPS, etc., with receipt.

Retain experienced construction counsel to assist and guide you. Good luck!

Sincerely,

J. Norman Stark