US Legal Forms
Ohio Notice of Commencement - Corporation

Ohio Notice of Commencement - Corporation

Category:

Liens - Construction - Mechanics

State:

Ohio

Control #:

OH-12-09

Format:

Instant download

Description

This document is filed by a Corporate owner, part-owner, or lessee of property to be improved before improvements begin. It is an affidavit form and outlines basic information needed to put subsequent purchasers and possible lien claimants on notice of the possibility of a mechanics' lien against the property.

Definition and meaning

The Ohio Notice of Commencement is a legal document required under Ohio law when a corporation intends to start construction or improvement work on real property. This document serves as an official notice to all interested parties, including lien claimants and subsequent purchasers, that construction activities are about to begin. It outlines key details regarding the property and the parties involved in the improvement project.

How to complete a form

Completing the Ohio Notice of Commencement requires attention to detail and an understanding of the information requested. Follow these steps to accurately fill out the form:

Provide the name of the corporation undertaking the improvement.
Include the legal description of the real property affected.
Describe the improvement being made with sufficient detail.
List the name and address of the property owner or lessee making the improvements.
Specify any original contractors involved in the project.
List any lenders or sureties associated with the project.

Who should use this form

The Ohio Notice of Commencement is designed for use by corporations engaged in construction or improvement projects on real property in Ohio. It is vital for:

Corporations that are acting as the owners or lessees of the property.
Contractors involved in the improvement works.
Lenders or sureties providing financing for the project.
Property owners who want to notify interested parties about impending construction activities.

Key components of the form

When filling out the Ohio Notice of Commencement, it is essential to include the following key components:

Name and address of the corporation undertaking the improvement.
Legal description of the property.
Description of the improvement being made.
Details of the owner, part owner, or lessee for the project.
Name and address of any contractors involved.
Names and addresses of lenders or bonding companies, if applicable.

Legal use and context

The Ohio Notice of Commencement is governed by the Ohio Revised Code Section 1311.04. It is a crucial document in protecting the rights of contractors and subcontractors by establishing the timeline for lien claims. It serves as a public record that construction is underway, allowing relevant parties to take appropriate actions to protect their interests.

Common mistakes to avoid when using this form

When completing the Ohio Notice of Commencement, be mindful of these common mistakes:

Omitting essential details such as the property description or improvement description.
Failing to include all required parties, such as contractors or lenders.
Not notarizing the document when required.
Submitting the form without double-checking for accuracy and completeness.

What to expect during notarization or witnessing

Notarization is often required for the Ohio Notice of Commencement. Expect the following during this process:

Identification verification: The notary will ask for valid identification.
Signature: The document must be signed in the presence of the notary.
Stamp: The notary will affix their seal to the document, indicating that it has been properly notarized.

Correction of Statement to Registration for Foreign Limited Partnership

View this form

Certificate of Cancellation for Foreign Limited Partnership

View this form

Certificate of Registration for Foreign Limited Partnership

View this form

Statement of Registered Agent Change for Foreign Limited Partnership

View this form

Statement of Qualification of Domestic Limited Liability Partnership

View this form

Maryland Commercial Property Sales Package

View this form

Detailed Form of Good Guy Guaranty

View this form

Sample Letter for Directive - EMail Usage

View this form

Declaration of Circumstances Surrounding L...

View this form

Contract for Assignment of Patent Rights

View this form

Sample Bylaws for a New York Professional ...

View this form

Kentucky Timber Sale Contract

View this form

Form of Parent Guaranty

View this form

Checklist Evaluation of Potential Board Me...

View this form

Quitclaim Deed from a Corporation to a Lim...

View this form

How to fill out Ohio Notice Of Commencement - Corporation?

When it comes to submitting Ohio Notice of Commencement - Corporation, you probably think about a long process that involves finding a ideal form among countless very similar ones after which having to pay legal counsel to fill it out to suit your needs. In general, that’s a slow-moving and expensive choice. Use US Legal Forms and select the state-specific document in just clicks.

If you have a subscription, just log in and click Download to have the Ohio Notice of Commencement - Corporation sample.

In the event you don’t have an account yet but need one, follow the step-by-step guideline below:

Be sure the file you’re downloading is valid in your state (or the state it’s needed in).
Do this by reading through the form’s description and also by clicking the Preview function (if available) to see the form’s content.
Click Buy Now.
Find the suitable plan for your financial budget.
Sign up to an account and select how you would like to pay: by PayPal or by card.
Download the file in .pdf or .docx format.
Get the document on your device or in your My Forms folder.

Professional legal professionals draw up our samples so that after downloading, you don't need to bother about modifying content outside of your individual info or your business’s info. Be a part of US Legal Forms and receive your Ohio Notice of Commencement - Corporation document now.

Form popularity

FAQ

Florida. Georgia. Iowa. Louisiana. Nebraska. Ohio. Michigan. South Carolina.

(13) Failure of an owner, lessee, or designee to provide a notice of commencement as required by this section extends the time within which a laborer may provide a notice of furnishing, as described in section 109, until 30 days after the notice of commencement has been provided, or until the time in which to provide

Expiration date of notice of commencement (the expiration date may not be before the completion of construction and final payment to the contractor, but will be 1 year from the date of recording unless a different date is specified) .

The Notice of Commencement (sometimes called a Notice of Project Commencement, a Notice of Contract, or Affidavit of Commencement) is most simply explained as a document that formally designates the beginning of a construction project.

Name and address of owner. Name and address of original contractor. Name and address of the party who hired you. Description of the property location. Date of first furnishing services to the project. Name and address of the lien claimant.

A notice of commencement is a document provided for under the Florida Construction Lien Statute. A notice of commencement is a standard form document that must contain specific provisions as set forth by Florida law.

Under Ohio Revised Code 1311.04, an owner of real property must serve notice on any potential lien claimant. The form of notice is called a Notice of Commencement. The purpose of the Notice of Commence is to protect property owners and provide notice to any potential lien claimant that the project is commencing.

(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.

Trusted and secure by over 3 million people of the world’s leading companies

Notice of Commencement - Corporation

Note: This summary is not intended to be an all inclusive summary of the law of construction liens in Ohio, but does contain basic and other provisions.

Definitions relative to Ohio Mechanics' Liens as used in sections 1311.01 to 1311.22 of the Revised Code:

(A) "Owner," "part owner," or "lessee" includes all the interests either legal or equitable, which such person may have in the real estate upon which the improvements are made, including the interests held by any person under contracts of purchase, whether in writing or otherwise.

(B) "Materialman" includes any person by whom any materials are furnished in furtherance of an improvement.

(C) "Laborer" includes any mechanic, workman, artisan, or other individual who performs labor or work in furtherance of any improvement.

(D) "Subcontractor" includes any person who undertakes to construct, alter, erect, improve, repair, demolish, remove, dig, or drill any part of any improvement under a contract with any person other than the owner, part owner, or lessee.

(E) "Original contractor," except as otherwise provided in section 1311.011 [1311.01.1] of the Revised Code, includes a construction manager and any person who undertakes to construct, alter, erect, improve, repair, demolish, remove, dig, or drill any part of any improvement under a contract with an owner, part owner, or lessee.

(F) "Construction manager" means a person with substantial discretion and authority to manage or direct an improvement, provided that the person is in direct privity of contract with the owner, part owner, or lessee of the improvement.

(G) "Notice of commencement" means the notice specified in section 1311.04 of the Revised Code.

(H) "Notice of furnishing" means the notice specified in section 1311.05 of the Revised Code.

(I) "Materials" means all products and substances including, without limitation, any gasoline, lubricating oil, petroleum products, powder, dynamite, blasting supplies and other explosives, tools, equipment, or machinery furnished in furtherance of an improvement.

(J) "Improvement" means constructing, erecting, altering, repairing, demolishing, or removing any building or appurtenance thereto, fixture, bridge, or other structure, and any gas pipeline or well including, but not limited to, a well drilled or constructed for the production of oil or gas; the furnishing of tile for the drainage of any lot or land; the enhancement or embellishment of real property by seeding, sodding, or the planting thereon of any shrubs, trees, plants, vines, small fruits, flowers, or nursery stock of any kind; and the grading or filling to establish a grade.

(K) "Wages" means the basic hourly rate of pay and all other contractually owed benefits.

(L) "Home construction contract" means a contract entered into between an original contractor and an owner, part owner, or lessee for the improvement of any single- or double family dwelling or portion of the dwelling or a residential unit of any condominium property that has been submitted to the provisions of Chapter 5311. of the Revised Code; an addition to any land; or the improvement of driveways, sidewalks, swimming pools, porches, garages, carports, landscaping, fences, fallout shelters, siding, roofing, storm windows, awnings, and other improvements that are adjacent to single- or double family dwellings or upon lands that are adjacent to single- or double family dwellings or residential units of condominium property, if the dwelling, residential unit of condominium property, or land is used or is intended to be used as a personal residence by the owner, part owner, or lessee.

(M) "Home purchase contract" means a contract for the purchase of any single- or double family dwelling or residential unit of a condominium property that has been subjected to the provisions of Chapter 5311. of the Revised Code if the purchaser uses or intends to use the dwelling, a unit of a double dwelling, or the condominium unit as his personal residence.

(N) "Lending institution" means any person that enters into a contract with the owner, part owner, purchaser, or lessee to provide financing for a home construction contract or a home purchase contract, which financing is secured, in whole or in part, by a mortgage on the real estate upon which the improvements contemplated by the home construction contract are to be made or upon the property that is the subject of the home purchase contract, and that makes direct disbursements under the contract to any original contractor or the owner, part owner, purchaser, or lessee.

(O) "Original contractor" includes any person with whom the owner, part owner, lessee, or purchaser under a home purchase contract or a home construction contract has directly contracted.

Who My File a Lien?

Pursuant to Ohio statutes, a contractor, subcontractor, or materialman who has provided labor or materials to a construction project may file a lien against the property for the value of the labor performed or materials supplied by filing an Affidavit of Mechanic's Lien. A lien may not be obtained against property when the party claiming the lien has been paid in full before the property owner has received a copy of the lien claimant's Affidavit of Mechanic's Lien. O.R.C. 1311.01(B).

How Long Does a Lien Claimant Have to File a Lien?

An Affidavit for a Mechanic's Lien must be filed within sixty days from the last day of work performed by the party claiming the lien, if the project is a one or two family residential dwelling. Otherwise, the lien claimant has seventy-five (75) days to file for a lien. An exception is liens involving oil and gas leases, which may be filed within one hundred and twenty (120) days. O.R.C.1311.06(B).

What is a Notice of Commencement?

Prior to beginning work on a project which may give rise to a mechanic's lien, the property owner should file a Notice of Commencement with the county recorder in the county where the property is located. A Notice of Commencement is an affidavit which describes the improvements to be made to the property, the legal description of the property, and the names and addresses of all parties involved in the contract, along with some statutory notices, that put potential buyers or lenders on notice that improvements that may cause a lien to be filed are being made. O.R.C. 1311.04(A)(1).

A subcontractor, materialman, or laborer, may make a written request for a copy of the Notice of Commencement, to which the owner is obligated to respond within ten days. O.R.C. 1311.04(D).

What is a Notice of Furnishing?

As a counterpart to the owner's Notice of Commencement is the Notice of Furnishing that must be served by a subcontractor or materialsman on the property owner. A Notice of Furnishing serves to put the owner on notice that the party furnishing labor and materials may be entitled to a lien against the property. O.R.C. 1311.05(A)

If the Notice to Commencement has been filed, a party who wants to preserve their right to file a lien must file their Notice of Furnishing within twenty-one days of the Notice of Commencement being served. O.R.C. 1311.04(I).

How is a Lien Released?

When an Affidavit has been filed and the lien claimant has subsequently been paid, the property owner may file an affidavit attesting to the fact that the lien has been satisfied. The lienholder has thirty days from receipt of this affidavit to file a lien release or be subject to pay the property owner damages as a result. O.R.C. 1311.01(B)(3).

Lending institutions may not release funds to a contractor until that contractor has filed an affidavit stating that the contractor has paid all subcontractors, laborers, and materialmen in full, and that there are no further claims pending against the project. A property owner may issue written demand that the contractor issue this affidavit and may withhold payment until the affidavit is received. O.R.C. 1311.01(B)(4).

If there is a dispute between subcontractors and the principal contractor regarding payment, such that the subcontractor will not release his lien, under Ohio statutes, the property owner is entitled to withhold payment to the principal contractor in the amount of the lien. In response, the principal contractor and lending institution may demand that the lien holder provide them with information regarding the amount of the lien and the dates upon which work was performed. The owner or lending institution may only release payment to the original contractor when the lien holder has given notice that he has been paid, the subcontractor issues a lien release, the original contractor provides a bond, or the time under which a lien may be filed has expired. O.R.C. 1311.01(B)(8).

How Else May a Property Owner Respond to a Lien?

After a lien has been filed, a property owner may serve a Notice to the Lien holder to Commence Suit. Within thirty days of serving the notice the property owner must file the notice with an affidavit indicating how service was accomplished. The lien holder has sixty days after being served to file suit or his lien will be rendered void. O.R.C. 1311.11(B)(3)