Ohio Preliminary Notice FAQs

All parties who did not contract directly with the property owner (with the exception of laborers) must send a Notice of Furnishing. If the property owner does not record a Notice of Commencement, or records a defective Notice of Commencement, a preliminary notice is not required – but it is still generally considered best practice to give notice anyway.

Additionally, Ohio does not require preliminary notices for home purchase contracts, but again, it’s a good idea to give notice even if not required.

A Notice of Furnishing must be served on the property owner, part owner, or lessee (or their designee) as provided in the Notice of Commencement. If no designee is given, or the designee has died or otherwise ceased to exist, the notice must be provided to the owner, part owner, or lessee.

Also, parties who didn’t contract directly with the general contractor must provide the notice to the general contractor as well.

Lastly, the statutes state that if a lender is named in the NOC, the notice of furnishing may be served on the lender as well; but this is purely at the discretion of the lien claimant.

Generally, the deadline to serve an Ohio Notice of Furnishing is within 21 days after first furnishing labor and/or materials to the project. Note the emphasis on after, an Ohio Notice of Furnishing cannot be given prior to the first date of furnishing.

• See: Send Ohio Notice of Furnishing Fast… Not Early

However, if the Notice of Commencement is filed late, then the Notice of Furnishing must be served within 21 days of when the NOC was filed. A potential lien claimant is not required to give preliminary notice prior to the filing of the NOC. If the Notice of Commencement is never filed, then preliminary notice is not necessary.

• See the answer to this OH supplier’s question for a full breakdown of how Ohio’s Notice of Furnishing requirements and how they interact with the Notice of Commencement requirements: As a material supplier, is the Preliminary Notice to a General Contractor mandatory if they are not known yet?

Finally, if the property owner, or any other party with an interest in the property or contractor requests it, the lien claimant must provide a written statement of the work and/or material provided and the amount unpaid within 10 days of the request. Failure to do so may extinguish lien rights.

The notice must be in substantially the same form as provided under ORC §1311.05(B) and contain the following information:

• Name & address of the owner/part owner/lessee/designee provided in the Notice of Commencement

• General contractor’s name & address

• Description of the property “sufficient to reasonably identify the property”

• Date of first furnishing labor and/or materials

• Notifying party’s name & address

• Following warning statement:

WARNING TO OWNER: THIS NOTICE IS REQUIRED BY THE OHIO MECHANICS’ LIEN LAW. IF YOU HAVE ANY QUESTIONS ABOUT YOUR RIGHTS AND DUTIES UNDER THESE STATUTES YOU SHOULD SEEK LEGAL ASSISTANCE TO PROTECT YOU FROM THE POSSIBILITY OF PAYING TWICE FOR THE IMPROVEMENTS TO YOU PROPERTY.

→ Download a free Ohio private Notice of Furnishing form here

The preliminary notice must either be personally served by the county sheriff (or by other means as provided by Ohio law) or by certified mail, registered mail, overnight delivery, or hand delivery, provided that a written receipt is obtained.

• See more at How To Send Notice to Owners – Standard Certified Mail, or Certified Mail with Return Receipt Requested?

Notice by personal service is complete when actually served. If sent by certified mail, the preliminary notice is considered complete on the date of mailing. If service on the owner is attempted at the address listed on the notice of commencement and the service is returned or refused, the service is considered complete on the first date of the first attempt.

However, while service may be considered complete on the date of mailing, the actual delivery of the mail piece is the burden of the sending party. An Ohio Court of Appeals case specifically stated that “[t]he statute clearly contemplates that mailing a document by certified mail will provide written evidence of receipt. Thus, we cannot conclude that requiring Appellant to provide written evidence of receipt is contrary to a plain reading of the statute, when actual receipt is disputed by Appellees.”

A Notice of Furnishing served outside the 21-day deadline can still effectively secure lien rights. However, the amount of protection will be limited to the value of labor and/or materials furnished in the 21 days preceding the service of notice, and everything thereafter.

Ohio provides two avenues for recovery for non-payment on public projects. A claim against the payment bond, and a lien on contract funds. These notices can be combined into one form.

Bond Claims

All claimants without a direct contract with the general contractor (excluding wage laborers) must send a preliminary notice in order to preserve their lien rights, provided that the labor and/or materials furnished were more than $30,000.

Parties on highway construction projects aren’t required to provide notice, but it’s a good idea to send one anyways. Particularly if supplying more than $30,000 of labor and/or materials.

Liens on Contract Funds

All claimants without a direct contract with the general contractor (excluding wage laborers) must send a preliminary notice in order to preserve their lien rights.

Bond Claims

Notice must be served on the general contractor who posted the bond.

Liens on Contract Funds

Preliminary notice must be sent to the general contractor as well as the public authority who commissioned the project. The copy sent to the public entity must include a sworn statement as to the date when notice was given to the general contractor

Both preliminary notices must be served within 21 days after first furnishing labor and/or materials to the project. Sending notice before providing labor or materials will not be valid.

Also, when it comes to preliminary notices for liens on contract funds, there is no specific deadline to provide a copy of the notice to the public entity. However, it’s best practice to send the notice as soon as possible after delivering notice to the general contractor.

The Ohio public Notice of Furnishing must be in substantially the same form as provided under ORC §1311.261(B) and contain the following information:

• General contractor’s name & address

• Description of the labor and/or materials to be furnished

• Description of the property

• Date of first furnishing

• Notifying party’s name & address

→ Download a free Ohio public Notice of Furnishing form here

The preliminary notice must either be personally served by the county sheriff (or by other means as provided by Ohio law) or by certified mail, registered mail, overnight delivery, or hand delivery, provided that a written receipt is obtained.

If given by certified mail, the notice of furnishing is considered served on the date the notice is deposited in the mail. However, actual receipt is still required. If personally served, then upon receipt.

If the preliminary notice is sent after the 21-day deadline, the notice will still be effective to secure payment bond claim and lien on contract funds claims, however, it will only cover labor and/or materials provided in the 21 days preceding service of the notice, and everything furnished thereafter. If the notice is not given at all, the claimant’s rights to make a bond claim are extinguished.