Are temporary labor suppliers required to serve notice of furnishings ?

4 weeks ago

This is regarding Labor only, what is the best way to protect lien rights in Ohio

Senior Legal Associate Levelset

Most Ohio construction businesses must send a Notice of Furnishing in order to preserve their right to file a mechanics lien when hired by someone other than the owner. This includes both subcontractors and suppliers. However, “laborers” are not required to send the notice. To be sure, § 1311.05(G) of Ohio’s mechanics lien statute reads: “No laborer must serve a notice of furnishing in accordance with this section to preserve lien rights.

Still, it’s important to understand how the term “laborer” is used in the context of the statute. § 1311.01(C) defines the term to include “any mechanic, worker, artisan, or other individual who performs labor or work in furtherance of any improvement.” 

So, an individual supplying manual labor or work on a job would likely not need to send a Notice of Furnishing in order to preserve their right to file an Ohio mechanics lien (though, it’s a good idea to send one anyway). But, a company providing work or laborers to a job likely would.

For more information on Ohio’s Notice of Furnishing rules and mechanics lien requirements:

– Ohio Preliminary Notice Guide and FAQs
– Ohio Mechanics Lien Guide and FAQs

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