Ohio requires that a Notice of Commencement be filed: “in the office of the county recorder for each county in which the real property to be improved is located,” that “the owner, part owner, lessee, or designee shall post and maintain posted a copy of the notice of commencement in a conspicuous place on the real ...
(K) If an owner, part owner, lessee, or designee fails to post or maintain a copy of the notice of commencement as required by division (G)(1) of this section, the owner, part owner, or lessee is liable to a subcontractor, material supplier, or laborer who becomes a lien claimant for all actual expenses incurred by the ...
(A) Prior to the performance of any labor or work or the furnishing of any materials in furtherance of a public improvement, the public authority shall prepare a notice of commencement in substantially the form specified in division (B) of this section which shall be made readily available to the public upon request.
A Notice of Furnishing must be filed by a specified date and is used to inform the General Contractor and property Owner that you have been hired to provide labor, services or material for this particular project. In Ohio, failing to send a Notice of Furnishing does not defeat your lien rights, but it might limit them.
(S) A notice of commencement filed as provided herein expires six years after its filing date unless the notice of commencement or amendments made to the notice of commencement specify otherwise.
The project start date has an effect on the preliminary notice and mechanics lien requirements and deadlines for the parties down the contracting chain. In Ohio Notices of Commencement indirectly protect property owners and general contractors by creating a preliminary notice requirement for potential lien claimants.
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."
Typically, a Notice of Commencement is filed by the property owner or another top-of-chain party on a construction project such as the prime contractor.
The property owner must sign the Notice of Commencement. If there are multiple property owners, the NOC may only require one signature, but it is recommended that all legally registered property owners add their signatures, as well. In some states, you will also need to have the form notarized.