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Home>Levelset Community>Legal Help>I have already filed my lein, but since I was only suppling labor, do I still need to file a notice of furnishings

I have already filed my lein, but since I was only suppling labor, do I still need to file a notice of furnishings

Ohio

I have already filed my lein , Does a sub contractor in the state of ohio who is only suppling labor, need to file a notice of funishings?

1 reply

Feb 14, 2022

In Ohio, a notice of furnishing must generally be served on the owner prior to beginning work, or within 21 days after beginning work. If you recorded and perfected a mechanic's lien without serving a notice of furnishing, your lien may be declared invalid. Notices of furnishing do relate back 21 days, so if you just finished the project, and finished a significant amount of the work within the last 21 days, you may be covered. Additionally, if this is a home construction project, or if the owner or GC did not record a notice of commencement, or if you were directly under contract with the owner, then you do not need to serve a notice of furnishing. 

In answer to the remaining part of your question, it depends on which definition you fall under. R.C. 1311.01 defines the terms laborer and subcontractor as follows: 

"Laborer" includes any mechanic, worker, artisan, or other individual who performs labor or work in furtherance of any improvement.

"Subcontractor" includes any person who undertakes to construct, alter, erect, improve, repair, demolish, remove, dig, or drill any part of any improvement under a contract with any person other than the owner, part owner, or lessee. 

The distinction is important, because a laborer is not required to serve a notice of furnishing in order to preserve the subcontractor's lien rights, but a subcontractor is. 

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