Ohio Revised Code
Chapter 1311 | Liens
Section 1311.261 | Notice of Furnishing.

Effective: March 30, 2007
Latest Legislation: House Bill 487 - 126th General Assembly
(A)(1) Every subcontractor and material supplier who wishes to exercise the subcontractor's or material supplier's rights under sections 1311.25 to 1311.32 of the Revised Code regarding claims for labor or work performed or materials furnished in furtherance of a public improvement shall serve a notice of furnishing, in accordance with division (B) of this section, on the principal contractor whose contract with the public authority is the contract under which the subcontractor or material supplier is performing labor or work or furnishing materials within twenty-one days after the date that the subcontractor or material supplier first performed labor or work or furnished materials on the site of the public improvement, except that no subcontractor or material supplier who is in direct privity of contract with the principal contractor need provide the notice.
(2) A subcontractor or material supplier may serve the principal contractor with a notice of furnishing pursuant to this section more than twenty-one days after the subcontractor or material supplier first performed labor or work or furnished materials on the site of the public improvement. If a subcontractor or material supplier serves the notice, the subcontractor or material supplier shall have the rights of sections 1311.25 to 1311.32 of the Revised Code with regard to only amounts owed for labor and work performed and materials furnished during and after the twenty-one days immediately preceding service of the notice of furnishing.
(B) The notice of furnishing shall be in substantially the following form:
"Notice of Furnishing
(For use in connection with public improvements)
To: ____________________________________________
(Name of principal contractor)
________________________________________________
Address of principal contractor)
The undersigned notifies you that the undersigned has furnished or performed or will furnish or perform (describe labor, work, or materials) for the improvement of real property identified as (property description or address) under order given by (name of subcontractor or material supplier). The labor, work, or materials were first furnished or performed or will be furnished or performed on (date).
_______________________________________________________
(Signature of subcontractor or material supplier)
_______________________________________________________
(Address of subcontractor or material supplier)
_______________________________________________________
(Date)."
(C) Each principal contractor and each subcontractor, on the date of entering into any agreement with a subcontractor or material supplier, shall provide, in writing, to the subcontractor or material supplier, the name and address of the public authority.
(D) Each principal contractor and each subcontractor, on the date of entering into any agreement with a subcontractor or material supplier, shall provide, in writing, to the subcontractor or material supplier, the name and address of the principal contractor.
(E) If the principal contractor or subcontractor fails to provide the name and address of the public authority or the principal contractor to those in direct privity of contract and that failure results in the loss of rights under this section, the affected person may bring an action in any court of common pleas which would otherwise have jurisdiction over the action against the person who failed to furnish the information for any damages resulting from the loss of rights under this section.
(F) No laborer must serve a notice in accordance with this section to preserve lien rights under sections 1311.25 to 1311.32 of the Revised Code.

Structure Ohio Revised Code

Ohio Revised Code

Title 13 | Commercial Transactions

Chapter 1311 | Liens

Section 1311.01 | Lien Definitions.

Section 1311.011 | Liens for Home Construction Work.

Section 1311.02 | Lien of Subcontractor, Laborer or Materialman.

Section 1311.021 | Lien for Labor or Work or Materials Upon Oil or Gas Well or Facilities.

Section 1311.03 | Lien Upon Street, Turnpike, Road, Sidewalk, Way, Drain, Ditch or Sewer.

Section 1311.04 | Recording Notice of Commencement.

Section 1311.05 | Subcontractor or Materialman to Serve Notice of Furnishing.

Section 1311.06 | Affidavit - Time Period for Filing - Contents.

Section 1311.07 | Copy of Affidavit to Be Served on Owner or Lessee.

Section 1311.08 | Lien When Improvement Situated on Same or Contiguous or Adjacent Lots.

Section 1311.09 | Lien When Contracting Person Has No Title to Land Improved.

Section 1311.10 | Presumptions.

Section 1311.11 | Notifying Lienholder to Commence Suit.

Section 1311.12 | When Lien for Furnishing Materials Arises.

Section 1311.13 | Attaching of Liens - Continuance and Priority.

Section 1311.14 | Priority of Mortgage Lien.

Section 1311.15 | Superiority of Liens - Assignment - Direct Payment of Claim of Subcontractor, Materialman or Laborer.

Section 1311.16 | Proceeding by Person Holding Mechanic's Lien.

Section 1311.17 | Adjustment of Claim When Owner Fails to Perform.

Section 1311.18 | Sale of Part of Premises.

Section 1311.19 | Service.

Section 1311.20 | Damages for Neglect or Refusal to Release Lien.

Section 1311.21 | Liens Are Assignable - Lien Not Defeated by Taking Note or Security - Notice of Claim Not Yet Due - Lis Pendens.

Section 1311.22 | Liberal Construction.

Section 1311.23 | Lien Upon Mines for Labor.

Section 1311.25 | Public Improvement Definitions.

Section 1311.251 | Claim for Furnishing Materials.

Section 1311.252 | Notice of Commencement - Affidavit.

Section 1311.26 | Subcontractor, Materialman or Laborer May Serve Affidavit on Public Authority.

Section 1311.261 | Notice of Furnishing.

Section 1311.28 | Public Authority to Detain Funds Upon Receipt of Affidavit - Escrow Account.

Section 1311.29 | Copy of Affidavit to Be Filed With County Recorder to Notify Other Subcontractors, Materialmen, and Laborers - Priority of Claims.

Section 1311.31 | Action by Claimant to Enforce Payment.

Section 1311.311 | Notice to Commence Suit.

Section 1311.32 | Enforcement by Civil Action.

Section 1311.34 | Laborers Shall Have Lien Upon Real Property of Employer.

Section 1311.35 | Waiver of Lien.

Section 1311.36 | Enforcement and Priority of Liens.

Section 1311.37 | When General Employer Assumes Payment.

Section 1311.38 | Definition of Owner.

Section 1311.39 | Liens Against a Railroad Company.

Section 1311.40 | Priority of Payment in Contracts for Railroad Work.

Section 1311.41 | Precedence.

Section 1311.42 | Perfecting a Lien.

Section 1311.43 | Proceeding After Filing Affidavit.

Section 1311.44 | Proceeding by Petition.

Section 1311.45 | Contractor to Be Notified of Time of Payment.

Section 1311.46 | Adjusting Disputed Claims.

Section 1311.47 | Others Who May Claim Liens.

Section 1311.48 | Lien for Care of Animals.

Section 1311.49 | Sale of Animal to Satisfy Claim.

Section 1311.50 | Lien Upon Get for Service.

Section 1311.51 | Enforcement of Lien.

Section 1311.55 | Agricultural Product Lien.

Section 1311.56 | Perfection of Producer's or Handler's Lien - Affidavit.

Section 1311.57 | Priority and Duration of Lien.

Section 1311.59 | Rights of Executors, Administrators, Part Owners, and Lessees.

Section 1311.71 | Aircraft Definitions.

Section 1311.72 | Lien for Labor or Materials for Aircraft.

Section 1311.73 | Lien Perfected by Filing Affidavit With Faa - Form of Affidavit - Time Period for Filing.

Section 1311.74 | Service of Copy of Affidavit on Owner.

Section 1311.75 | Priority of Liens.

Section 1311.76 | Enforcement and Priority of Liens - Claimant to Give Notice of Release.

Section 1311.77 | Owner May Obtain Release of Aircraft by Filing Surety Bond.

Section 1311.78 | Notifying Lien Claimant to Commence Suit.

Section 1311.79 | Maintaining Lien After Notice to Commence Suit.

Section 1311.80 | Award of Attorney's Fees.

Section 1311.85 | Broker's Lien on Commercial Realty Definitions.

Section 1311.86 | Broker's Lien on Commercial Real Estate.

Section 1311.87 | Perfection of Lien.

Section 1311.88 | Proceedings to Enforce Lien.

Section 1311.89 | Sale of Foreclosed Property - Alternative Dispute Resolution.

Section 1311.90 | Broker to Record Release or Satisfaction.

Section 1311.91 | Priority of Mechanic's Liens.

Section 1311.92 | Transfer of Lien Property - Escrow Account.

Section 1311.93 | Liability of Broker.