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What is our responsibility as a GC with subs and suppliers on a residential project?

We have a single-family residential project where we are the GC and a supplier has sent us a request for Notice of Commencement as well as a Notice of Furnishings. We won't be starting this project for another 3-4 weeks. What is our responsibility now as the GC? Do we need to file an NOC?

1 reply

Oct 22, 2019

First, an Ohio Notice of Commencement should be filed before construction work begins - but, a Notice of Commencement could be filed late and still have some effect. As for who must file - generally, property owners are responsible for filing an Ohio Notice of Commencement. There are some additional details, though, that are worth exploring... Who must file an Ohio Notice of Commencement? Owners are responsible for filing a Notice of Commencement in Ohio. Still, the document can also be filed by an agent of the owner - and, it's not uncommon for an owner to have their contractor file the notice on their behalf. Even where an owner hasn't arranged for their contractor to file a Notice of Commencement for them - a general contractor may file one on their own behalf at the later of the two following dates: (1) Three days after demanding that the owner files a Notice of Commencement (if the owner doesn't file one); or (2) Ten days after the work first commences or materials are first supplied. So, if the owner fails to record a Notice of Commencement by the later of the two above dates, then a contractor can (but isn't required to) file a Notice of Commencement. Requests for Notice of Commencement and Notices of Furnishing If a Notice of Commencement has been filed on the project, a contractor must provide a copy of that Notice of Commencement to anyone who requests it within 10 days. But, receiving a request for a copy of a Notice of Commencement or a Notice of Furnishing also does not obligate a contractor to file a Notice of Commencement. Still, if and when a Notice of Commencement is filed, a contractor should quickly send copies of that Notice of Commencement to all parties who have requested it. Bottom line Where a project is weeks away from commencing, receiving a request for Notice of Commencement or receiving a Notice of Furnishing shouldn't be a cause for concern. If anything, it's helpful information - a Notice of Furnishing should be valuable to contractors since they help create a more visible and transparent project tree. That way, it's clear who all is putting work and materials into the project, and where mechanics lien waivers will ultimately need to come from. On that front, the following resources have some great information: (1) The Top 5 Reasons You Should Love to Receive Preliminary Notices (2) Construction Industry Communication Is Weak | Notices Will Make it Stronger (3) Ohio Preliminary Notice Guide and FAQs

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