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Is Notice of Non-Responsibility allowed in Ohio?

Anonymous Contractor

My tenant wants to upgrade and install its telecommunications systems, ie boring and installing lines and attaching to the building. Premises are located in Columbus, Ohio.

2 replies

Matt Viator

Construction Lawyer

Levelset Admin at Levelset

| 997 reviews

Jun 9, 2020

Ohio doesn't have an official Notice of Nonresponsibility like some other states do. But, according to § 1311.02 of Ohio's lien statute, mechanics lien rights will only exist against the party who authorizes the work. Further, pursuant to § 1311.10, a lessee isn't presumed to be the agent of the owner. So, the chance of liens against the owner for tenant improvements should be pretty limited in Ohio. With that being said, it could be useful to require the lessee's contract with their contractor to plainly state that it's the lessee's improvement and that it's not authorized by the owner. Further, it'd be smart to enter into an agreement with the lessee requiring them to bond off any liens filed on the project. That way, even in the unlikely event that the owner's property would be liened, the tenant would still be required to hold the property free from potential claims. Finally, it'd be wise to require the lessee to file a Notice of Commencement on the job. That will limit lien exposure while also promoting a healthy project (thereby reducing the likelihood of liens). Plus, requiring that the lessee collects lien waivers in exchange for payments would be an additional layer of protection. While those may sound like large asks, Notices of Commencement and lien waivers are extremely ordinary construction documents in Ohio.

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