On a private Ohio improvement with a recorded Notice of Commencement, subcontractors and material suppliers preserve lien rights by serving a Notice of Furnishing. The statute says who, when, to whom, and in what words; this guide follows it section by section.
Who must serve it
Section 1311.05(A) puts the notice on subcontractors and material suppliers on private improvements where a Notice of Commencement has been recorded. It does not apply to original contractors or to suppliers in direct privity with the owner, and laborers are excluded by §1311.05(G).
Two gates come first. If no Notice of Commencement is recorded, there is no Notice of Furnishing to serve (§1311.05(H)) — a written request for the notice under §1311.04(D) is the tool instead. And home construction contracts are outside the section entirely (§1311.05(E), §1311.011).
Who receives it
The designee named in the Notice of Commencement, or, when none is named, the owner, part owner or lessee named in it; and the original contractor, unless the claimant is in direct privity with that contractor (§1311.05(A)). A copy to the lender is optional and never required by the section.
Names and addresses come from the recorded Notice of Commencement — that is where the statute sends you, and where the form's blanks are filled from.
The deadline
Within 21 days after the claimant first furnishes labor or materials, at any time after the Notice of Commencement is recorded (§1311.05(A)). If the Notice of Commencement is recorded late, §1311.04(I) and (J) extend the window.
A late notice is not fatal: it preserves the lien for labor and materials furnished within the 21 days before the notice is served and everything after (§1311.05(D)(1)). What is lost is the earlier work.
What it must say
Section 1311.05(B) prescribes the form: the subtitle for private improvements, the two "To:" blocks with the names and addresses taken from the Notice of Commencement, the "Please take notice" sentence naming the other contracting party, the property and the first-furnishing date, the WARNING TO OWNER in capitals, the lien claimant's name and address, the name and capacity of the party signing, that party's address, and the date. A property description is sufficient if it reasonably identifies the property (§1311.05(C)).
How it is served
Certified mail is an enumerated method (§1311.19(A)(2)), and a Notice of Furnishing sent by certified mail is complete on the date of mailing (§1311.19(B)). Mail that goes unclaimed or refused at the address in the Notice of Commencement is complete when delivery was first attempted. The pinned text requires no return receipt for this notice.