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Do I need to resend the Notice of Furnishing?

OhioPreliminary Notice

An incorrect General Contracting Company was listed as a General under "Project Stakeholders" in addition to the correct General Contractor, who was listed as "We were hired by". The General that was listed incorrectly contacted me to let me know they were not the General for this project. Does this Notice need to be corrected and resent or because the correct General was listed under "We were hired by", is it okay?

1 reply

Aug 19, 2021

Ordinarily, I would recommend using the information directly from the notice of commencement. The notice of commencement should list the correct general contractor (the one who hired you). 

In this case, so long as the notice of furnishing you prepared listed the general contractor who hired you, and as long as the notice of furnishing you prepared was served on both the owner and the general contractor listed in the notice of commencement (again most likely the GC who hired you), then I do not think the notice needs to be resent. 

That all being said, the notice of furnishing is a small cost that offers substantial protection, so for peace of mind and to prevent any expensive legal arguments in the future (in the event the project goes south), it may make sense to locate the notice of commencement and prepare and serve a notice of furnishing. 

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