Home>Levelset Community>Legal Help>If I am a 2nd tier Sub-Contractor in Ohio and have requested a NOC multiple times without receiving one, should I be worried about completing my work or filing a lien, (should the project come to that)? Is not receiving the NOC actually in my favor? Also, how concerned should I be with Vendors and Subs under my Subs; are they allowed to file a lien if not timely paid?

If I am a 2nd tier Sub-Contractor in Ohio and have requested a NOC multiple times without receiving one, should I be worried about completing my work or filing a lien, (should the project come to that)? Is not receiving the NOC actually in my favor? Also, how concerned should I be with Vendors and Subs under my Subs; are they allowed to file a lien if not timely paid?

OhioPreliminary Notice

1 reply

Feb 26, 2018

That sounds like a very frustrating situation considering that the NOC is required to be furnished upon request under Ohio law - without it, sending a proper Notice of Furnishing is quite the challenge. Luckily the Ohio mechanics lien statute provides for such a situation. Under § 1311.04(J), if the NOC is not served after it has been requested in writing from the owner, the time to send a Notice of Furnishing is extended until 21 days after the eventual receipt of the NOC. If a copy of the NOC is never served from the owner to a party who requests it, and if that party who requests it ultimately becomes a lien claimant, then the owner who failed to send the NOC copy will be liable to pay for the costs of obtaining that information. It's worth noting that the NOC must also be conspicuously posted at the job site (unless it's a residential job) - so there may still be a chance at obtaining the information in the NOC. Ultimately, even if the NOC cannot be obtained, sending a Notice of Furnishing in accordance with Ohio law is a wise move - and it's a better alternative than not sending a Notice of Furnishing altogether. Failure to send Notice of Furnishing will typically be fatal to a mechanics lien claim in Ohio. Some leniency may be afforded to a claimant if the NOC is improperly withheld (or not filed), but it's better to be safe than sorry. As for lower tiered claimants - Ohio statute appears to provide mechanics lien rights for parties of any tier.

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