A recent federal court case again demonstrates the necessity to strictly comply with the requirements of the Ohio Mechanic’s Lien Law in order to receive the benefits. The case involved a supplier to a Contractor for improvements to a steel mill.
Pursuant to the provisions of the Ohio Revised Code, the Owner filed its Notice of Commencement with the County Recorder. While the supplier filed a lien, it failed to file a Notice of Furnishing, as the statute requires. To this, the supplier maintained that it did not have to file such a notice because the Owner never served its Notice of Commencement upon the supplier. The court disagreed with that contention, noting that under the statute, the Owner is required to serve the supplier with a Notice of Commencement only when that request is made in writing. Since no written request was made, there was no requirement that the Owner serve that Notice of Commencement.
