Bond or Lien Claim-Public Works

Warning: All information contained within this data base is subject to change at any time by the various states and is not guaranteed in any way by FWM Software. Nor does FWM Software assume any liability or responsibility for its content. Please use in conjunction with advice from your attorney.

Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Document Title: Notice of Claim on Bond and Lien for Public Improvement, and Notice of Non-Payment to Surety.

Scope: State of Ohio, Public Works.

Time Constraints: Subcontractors and material men: you must have served the required notice of right to lien for furnishing labor, materials or equipment and request for copy of public bond, or you cannot make a lien claim. See the memo on Ohio Preliminary Notice, Public Work, for more information.

Lien Claim: You must serve the general contractors and public entities with a copy of the Notice of Claim with 120 days of your last furnishing of labor, materials or services. File a copy of the Notice of Claim with the County Recorder’s Office within 30 days of serving the public entity. The lien will be only on funds still owed the general contractor by the public entity.

Payment Bond Claim: You must serve the surety or bonding company, prime contractor and public entity with the Notice of Claim on Bond and Lien for Public Improvement within 90 days the date of acceptance of the contract. You must also serve Notice of Non-Payment to Surety upon the surety or bonding company.

Perfection: Lien Claim: File suit to enforce the lien within 60 days of receiving notice to commence suit.

Perfection: Payment Bond Claim: You must file suit against the surety to perfect your bond claim no sooner than 60 days after the initial filing of your claim but within 1 year from the completion of the contract. Suit must be filed against the surety at the same time.

The usual remedy is to file to enforce all claims in one suit (see below, Procedures). In any case, we strongly recommend that your attorney handle the enforcement actions to perfect your lien claims.

Information Requirements: Program information and information for Exhibits A-D and any additional costs as to legal fees, court costs and interest charges (Do not pass these up. Estimate if necessary. In the case of Bond Claims, the public entities and sureties will reserve only the amount for which you make claim), and the county of the state where the recording will be made.

Form Types: Notice of Claim on Bond and Lien for Public Improvement, Exhibit's A-D, if needed, Notice of Non-Payment to Surety, and Recorder's Letter.

Procedures: Prepare your documents using the required information. Serve the Notice of Claim on Bond and Lien For Public Improvement on the public entities, general contractors and sureties. Serve on the required parties within the statutory times listed above.

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