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Letter of Commencement

Is the Request for Notice of Commencement part of the Lien process. I noticed it is not an option in your process. I was taught it was the first step and necessary in filing lien paperwork.

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Jun 17, 2021

In Ohio, Notices of Commencement are recorded with the Recorder's Office in the county where the project is located. R.C. 1311.04(D) requires the owner of the project to send you a copy of the notice of commencement within 10 days after receiving a written request, but ordinarily it is easier to simply request a copy from the general contractor or look it up yourself through the county recorder.

The notice of commencement is not necessary for your lien paperwork. However, if a notice of commencement was recorded, then you, as a material supplier, were obligated to supply a notice of furnishing to the owner. If you did not serve the notice of furnishing, you should contact an attorney as you may no longer have lien rights (or you may be able to salvage some lien rights). If you no longer have lien rights, your only avenue for collection of amounts owed would be through the party you contracted with, through a breach of contract action.

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Jun 17, 2021

Yes, a Notice of Commencement (NOC) is part of Ohio's mechanics' lien law. The NOC serves notice to the pubic that work is about to begin and provides all the information required to perfect a mechanics' lien. Ohio Revised Code 1311.04 requires the owner of a project to record an a NOC (in affidavit form) in the office of in the county recorder of each county in which the project is located and further requires that the NOC be posted in a conspicuous place at the project site and served upon the project's general contractor(s). The NOC shall contain the legal description of the property; brief description of the improvements to be performed; the name and the address of the owner, general contractor(s), or their designees, mortgagees, and any sureties. R.C. 1311.04(B)(1) requires the following statement on each NOC: “To Lien Claimants and Subsequent Purchasers: Take notice that labor or work is about to begin on or materials are about to be furnished for an improvement to the real property described in this instrument. A person having a mechanics’ lien may preserve the lien by providing a notice of furnishing to the above-named designee and the above-named designee’s original contractor, if any, and by timely recording an affidavit pursuant to section 1311.06 of the Revised Code. A copy of this notice 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.” (11) The name and address of the person preparing the notice; (12) An affidavit of the owner, part owner, or lessee or the agent of the owner, part owner, or lessee which verifies the notice." The owner or its agent or designee has 10-days to respond to a proper written request for the NOC. If an owner fails to record and distribute the NOC, potential lien claimants are excused from serving a Notice of Furnishing until the NOC is recorded and distributed.

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