- Ohio is a FULL PRICE lien state for commercial projects, UNPAID BALANCE for residential projects.
- Ohio is a Notice of Commencement State (NOC). A Notice of Commencement of Improvement is designed to provide a potential lien claimant with ready access to information necessary to the filing of a claim of lien.
- A copy of the Notice of Commencement must be provided within 10 calendar days of the receipt of a written request or the notice to owner provisions are inapplicable to the claimant making the request.
- NACM strongly recommends requesting the NOC in conjunction with serving the Notice to Owner (NTO) within 21 days of first furnishing. If upon receipt of the NOC the ladder of supply information is different than the that originally served, resend the NTO with the updated information within 21 days of receipt of the NOC.
- A Notice of Commencement is not required on residential construction (one and two family dwellings).
- The Ohio Revised Code defines three types of private construction projects:
(1) “Residential” projects, defined as one and two family dwelling or a residential unit of a condominium property;
(2) gas and oil wells
(3) all remaining private construction projects.
Notice Speed Bumps
- A late notice will trap unpaid funds provided 21 days prior to serving the notice.
- Notice cannot be postmarked prior to the delivery of materials: Halsey, Inc. dba Warren County Lumber & Truss, Plaintiff-Appellant, v. Robert J. Isbel, et al., Defendants-Appellees. (2010).
Mechanic’s Lien Speed Bumps
- Liens must be served on the contracting party or owner’s designee within 30 days of the date that the Lien was filed with the County Recorder.
- Materialman may count their lien time from the date that the material was delivered to the project. Where the material is being delivered to the project via a common carrier, the lien date is calculated from the date the material is delivered to the common carrier.
Foreclosure Speed Bumps
- The commencement of a foreclosure action by another party, naming the lien claimant as a party-in-interest, does not extend the time for the lien claimant to assert its claim, even if the lien claimant files its answer and cross claim within the time prescribed by the Civil Rules.
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