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I have a project located in Ohio, but the property owner is a company located in Italy. Where should I send the Notice of Furnishing for this project?

OhioPreliminary Notice

I have a project located in Ohio, but the property owner is a company located in Italy. The company does have a mailing location in the United States, but I do not have access to a Notice of Commencement for this project. Where should I send the Notice of Furnishing in order to meet the legal mailing requirements?

1 reply

Feb 23, 2018

First, sending a Notice of Furnishing not in accordance with Ohio statute could result in the loss of lien rights. It should be noted that, pursuant to § 1311.04(B)(10), a copy of the Notice of Commencement "may be obtained upon making a written request by certified mail to the above-named owner, part owner, lessee, designee, or the person with whom you have contracted." A copy of the Notice of Commencement must be provided within 10 days to the party who requested it. Finally, the Notice of Commencement will also be posted and maintained in a conspicuous location on the job site under § 1311.04(G) of the Ohio lien statute, unless the improvement is made pursuant to a home purchase contract. Failure of an owner, contractor, or other top of chain party to abide by any of the above requirements will not negatively affect the party who requests a copy of the notice. In fact, the deadline to provide a Notice of Furnishing is actually extended upon such failure - if a Notice of Furnishing is requested and not provided, the Notice of Furnishing may be sent up to 21 days of the eventual receipt of the copy of Notice of Commencement requested. Under § 1311.05 of the Ohio lien statute, the Notice of Furnishing must be sent to the designee's address identified in the Notice of Commencement. But if no designee is listed in the Notice of Commencement, it should be sent to the owner's address on that notice. Regarding whether to send to the owner's overseas address or their domestic one (whenever sending a Notice of Furnishing to the owner instead of the designee), that could depend on which one was listed on the Notice of Commencement.

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