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In Ohio what if NOF owners sent notice have now changed and lien notice may be required?

Ohio

In Ohio Levelset sent Notice of Furnishing to two companies listed as owners on a project. A potential to lien notice may need to be sent but now the Levelset research shows a possible ownership change. Is that cause for concern?

1 reply

Dec 16, 2021

In Ohio, a Notice of Furnishing is only required to secure lien rights if the owner recorded a Notice of Commencement. The Notice of Furnishing must include the name and address of the owner as designated in the Notice of Commencement. If such owner properly received the notice, then that notice is generally effective to preserve lien rights through the end of the project, regardless of any change in ownership.

Sending a new/revised notice may not be the best choice, as it could jeopardize the validity of the original notice. However, you may want to send some form of communication informing the new owner of your participation on the project. Since a new, formal Notice of Furnishing may cause some issues, sending an informal notice, such as a Project Awareness Letter could prove useful to promote transparency and communication on the project.

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