Ohio § 1311.05

§ 1311.05.

(A) Except as provided in section 1311.04 of the Revised Code and this section, a subcontractor or material supplier who performs labor or work

upon or furnishes material in furtherance of an improvement to real property and who

wishes to preserve the subcontractor's or material supplier's lien rights shall serve

a notice of furnishing, if any person has recorded a notice of commencement in accordance

with section 1311.04 of the Revised Code , upon the owner's, part owner's, or lessee's designee named in the notice of commencement

or amended notice and the original contractor under the original contract pursuant

to which the subcontractor or material supplier is performing labor or work or furnishing

materials, as named in the notice of commencement or amended notice and at the address

listed in the notice or amended notice at any time after the recording of the notice

of commencement or amended notice but within twenty-one days after performing the

first labor or work or furnishing the first materials or within the extended time

period provided for in division (I) or (J) of section 1311.04 of the Revised Code .  If an owner, part owner, or lessee has not named a designee in the notice of commencement

or amended notice or if the designee has died or otherwise has ceased to exist, the

subcontractor or material supplier shall serve the notice of furnishing upon the owner,

part owner, or lessee named in the notice of commencement.  If no designee is named or if the designee has died or otherwise has ceased to exist,

and if more than one owner is named in the notice of commencement, service of the

notice of furnishing to the first owner, part owner, or lessee named in the notice

of commencement is sufficient.  No original contractor has to serve a notice of furnishing to preserve lien rights

arising from a contract with an owner, part owner, or lessee.  No material supplier who is in direct privity of contract with an owner, part owner,

or lessee has to serve a notice of furnishing upon the owner, part owner, or lessee

or designee in order to preserve the material supplier's lien rights.  No subcontractor or material supplier who is in direct privity of contract with

the original contractor has to serve a notice of furnishing upon the original contractor

in order to preserve the subcontractor's or material supplier's lien rights. If any person has recorded a notice of commencement in accordance with section 1311.04 of the Revised Code for an improvement involving a single- or double-family dwelling and if that notice

states that multiple original contractors are involved in the improvement, a subcontractor

or material supplier does not have to serve a notice of furnishing upon any original

contractor in order to preserve the subcontractor's or material supplier's lien rights. A subcontractor or material supplier who serves a notice of furnishing in conformity

with this section does not have to serve an amended notice of furnishing on any party

if the subcontractor or material supplier receives an amended notice of commencement

subsequent to service of the subcontractor's or material supplier's notice of furnishing.  If a subcontractor or material supplier serves a notice of furnishing based upon

information contained in any notice of commencement or amended notice of commencement

relative to the improvement for which the subcontractor or material supplier performs

labor or work or furnishes material, the notice of furnishing is deemed effective

even if the notice of commencement already has been amended or is amended in the future. If a lender is named in the notice of commencement or amended notice, a subcontractor

or material supplier may serve a copy of the notice of furnishing upon the lender

at the address listed in the notice or amended notice, provided that no subcontractor

or material supplier is required to serve a copy of the notice of furnishing upon

the lender to preserve the subcontractor's or material supplier's lien rights.  The receipt of a notice of furnishing by a lender imposes no duty upon the lender

by implication or otherwise with respect to the disbursement of any loan proceeds

or the payment to any subcontractor, material supplier, or any other person. (B) The notice of furnishing shall be in substantially the following form: “Notice of Furnishing(For use in connection with improvementsto property other than public improvements)To:  .......................................................(Name of owner, part owner, or lessee or designeefrom the notice of commencement)...........................................................(Address from the notice of commencement) To:  ....................................................... (Name of original contractor from notice of commencement)(Address of original contractor from notice of commencement) Please take notice that the undersigned is performing certain labor or work or furnishing

certain materials to .............. .......................................................

(name and address of other contracting party) ....................... in connection

with the improvement to the real property located at ........................ The labor, work, or materials were performed or furnished first or will be performed

or furnished first on ............ (date). 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 YOUR PROPERTY. ..................................... (Name and address of lien claimant) By .................................. (Name and capacity of party signing for lien claimant) ..................................... (Address of party signing) Date:” (C) The description of the location of the property required in the notice of furnishing

is sufficient if it reasonably identifies the real property upon which the labor or

work is performed or for which the material is furnished. (D)(1) Except as provided in division (D)(2) of this section, a notice of furnishing served

more than twenty-one days after a subcontractor or material supplier who is required

by this section to serve a notice of furnishing, first performed labor or work or

furnished material at the site of the improvement preserves the subcontractor's or

material supplier's lien rights for amounts owing for labor and work performed and

materials furnished within the twenty-one-day period immediately preceding service

of the notice of furnishing and thereafter, but does not revive any prior lien rights

for labor or work performed or materials furnished prior to the twenty-one days immediately

preceding service of the notice of furnishing. (2) A notice of furnishing served within the applicable period provided for in section 1311.04 of the Revised Code preserves the subcontractor's or material supplier's lien rights for amounts owing

for labor and work performed and materials furnished from the date the labor or work

was first performed or materials were first furnished through the date of service

of the notice of furnishing and thereafter.  A notice of furnishing served after the applicable period provided for in section 1311.04 of the Revised Code does not revive any prior lien rights for labor or work performed or materials furnished

prior to the twenty-one days immediately preceding service of the notice of furnishing. (E) This section does not apply to any improvement made pursuant to a home construction

contract as defined in section 1311.011 of the Revised Code . (F) A notice of furnishing, even if served upon a mortgagee of real property to be improved,

does not constitute a written notice of a lien or encumbrance under section 5301.232

or a written notice of a claim of a right to a mechanics' lien under division (B)(5) of section 1311.011 of the Revised Code . (G) No laborer must serve a notice of furnishing in accordance with this section to preserve

lien rights. (H) No subcontractor or material supplier who performs labor or work upon or furnishes

material in furtherance of an improvement has to serve a notice of furnishing in accordance

with this section in order to preserve the subcontractor's or material supplier's

lien rights if the owner, part owner, or lessee who contracted for the labor, work,

or materials fails to record a notice of commencement in accordance with section 1311.04 of the Revised Code . (I) If a notice of commencement is filed as provided in division (O) of section 1311.04 of the Revised Code , the subcontractors and material suppliers working on or providing materials to the

improvement shall not be required to serve notices of furnishing as provided in division (A) of section 1311.05 of the Revised Code hereinabove in order to preserve lien rights.