Home>Levelset Community>Legal Help>My question about NOF’s is ‘does labor refer to any labor?’ We have put in engineering/CAD time into the project, but not labor/materials on the jobsite itself. I don’t want to send NOF early and make it invalid. Your input would be much appreciated.

My question about NOF’s is ‘does labor refer to any labor?’ We have put in engineering/CAD time into the project, but not labor/materials on the jobsite itself. I don’t want to send NOF early and make it invalid. Your input would be much appreciated.

OhioPreliminary Notice

Determining when to send NOF in Ohio so as not to make it invalid. We have labor in on a project but it's for engineering/CAD time, not labor onsite. If I sent NOF now with only that type of labor, would it be invalid? Does it have to labor on jobsite?

1 reply

Jun 12, 2018

First, as a general matter, preliminary notices can typically be sent early and remain effective. Specifically, for an Ohio Notice of Furnishing, a Notice of Furnishing may be sent "at any time after the recording of the notice of commencement or amended notice but within twenty-one days after performing the first labor or work or furnishing the first materials..." under § 1311.05(A) of the Ohio lien statute. Thus, as far as timing is concerned, if a Notice of Commencement has been filed, a Notice of Furnishing may be sent. Further, because a Notice of Furnishing must only be sent once, a description of labor, work, or materials should include all of the contemplated labor, work, or materials for the entire project - not just the work that has been performed at the time the Notice of Furnishing is sent.

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